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Accident Compensation Act 2001

Management of the Scheme - Work Account

176: Incorporation by reference

You could also call this:

“Using information from other sources in Work Account rules”

When making rules about the Work Account, the government can include information from other sources. This information can come from New Zealand standards or recommendations, or from rules and standards from other countries.

When this information is included in the rules, it becomes part of the rules. However, if the original information changes after the rules are made, the rules don’t automatically change. The government needs to make new rules to include any updates.

The same thing happens with the audit tool. If information from other sources is included in the audit tool, it becomes part of the tool. But if that information changes later, the Minister needs to approve the changes before they can be part of the audit tool.

Some parts of the Legislation Act 2019 don’t apply to the information included in the rules, just because it’s included from somewhere else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102420.

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177: Copy of audit tool and material incorporated by reference to be available to public, or

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Part 6 Management of the Scheme
Work Account

176Incorporation by reference

  1. Regulations made for the purposes of section 175 and the audit tool may incorporate by reference all or any part of any—

  2. New Zealand standard, or any requirement or recommended practice of any New Zealand organisation; or
    1. standard, requirement, recommended practice, rule, statute, or regulation, of any foreign Government or organisation.

      1. Any material incorporated in regulations by reference is to be regarded for all purposes as forming part of the regulations, but any amendment made to the material after the commencement of the regulations does not have effect until regulations have been made incorporating the amendment into the regulations.

      2. Any material incorporated in the audit tool by reference is to be regarded for all purposes as forming part of the audit tool, but any amendment made to the material after the commencement of the audit tool does not have effect until the amendment has been approved for incorporation in the audit tool by the Minister.

      3. Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.

      Notes
      • Section 176(1)(a): replaced, on , by section 10 of the Accident Compensation Amendment Act 2015 (2015 No 71).
      • Section 176(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).