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Legislation Act 2019

Interpretation and application of legislation - Power to incorporate by reference

66: Effect of amendments to material incorporated by reference

You could also call this:

"What happens when someone changes the rules included in a law"

If someone changes the material that is included in secondary legislation, you need to know what happens. This change can happen after the secondary legislation is made, and it is made by the person who created the material. The changes do not automatically become part of the secondary legislation.

The changes only become part of the secondary legislation if they are specifically included in later legislation, which must be made in accordance with the rules outlined in section 64 and Schedule 2. Alternatively, the changes can become part of the secondary legislation if another Act says they can. You should understand that the material is considered changed if it is amended, replaced, expires, is revoked, or otherwise stops having an effect.

When material is changed, it means something has been done to it, such as it being updated or replaced, or it is no longer valid. This can happen in a few ways, including the material being amended or replaced, or it expiring or being revoked. The material can also stop having an effect for other reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298341.

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Part 2Interpretation and application of legislation
Power to incorporate by reference

66Effect of amendments to material incorporated by reference

  1. This section applies if the material incorporated by reference in secondary legislation in reliance on section 64 is amended by the originator of the material after the secondary legislation is made.

  2. Those amendments have no legal effect as part of the secondary legislation unless—

  3. they are specifically incorporated by later legislation made in accordance with Schedule 2; or
    1. amendments to the material are expressly authorised to have that effect by or under another Act.

      1. For the purposes of this section, material is amended if the material or any part of it—

      2. is amended or replaced; or
        1. expires or is revoked; or
          1. otherwise ceases to have effect.

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