Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) If a provision of an incorporated document that applies to this regulation is inconsistent with a provision of this regulation, the provision of this regulation prevails to the extent of the inconsistency.
(2) For this regulation, a reference to an incorporated document (in this regulation or in another incorporated document) is a reference to—
(a) if the document is properly notified—the document as in effect at the commencement of this section; and
(b) if the document is amended after the commencement of this section, and the amendment is properly notified—the document as amended by the amendment; and
(c) if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement of this section, and the replacement document is properly notified—the replacement document; and
(d) if a replacement document mentioned in paragraph (c) is amended, and the amendment is properly notified—the replacement document as amended.
Example of replacement document
a new edition of an incorporated document published after the commencement of this section
Note 1 If a document, amendment or replacement document is not properly notified, as described in s (4), the document, amendment or replacement document has no effect (see Act, s 220 (4)).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) If this regulation requires compliance (however expressed) with an incorporated document, and a provision of the document is expressed in advisory terms only (for example, as a recommendation rather than a requirement), this regulation is taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way.
(4) In this section:
"incorporated document "means any of the following:
(a) Assessing Fitness to Drive , published by Austroads Inc.
(b) AS 2187.0;
(c) AS 2187.1;
(d) AS 2187.2;
(e) AS 2187.4;
(f) the UN Test Manual;
(g) any other document a provision of which is incorporated, applied or adopted by a document mentioned in paragraphs (a) to (f).
"properly notified"—a document, amendment or replacement document mentioned in subsection (2) is properly notified if—
(a) an incorporated document notice under the Act, section 220 is notified in relation to the document, amendment or replacement document; or
(b) the document, amendment or replacement document is notified under the Legislation Act, section 47 (6).
Note For the meaning of notification , see the Legislation Act, s 63.