Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:1_97
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 1 cl 97
Character Range: 93417–95325

97  Approval and publication of standard or variation

Approval

 (1) After considering a draft standard, or a draft variation of a standard, prepared under section 96, the Authority must:
 (a) approve the draft; or
 (b) approve the draft subject to such amendments as the Authority considers necessary; or
 (c) abandon the draft.

Note: The Board must not delegate its powers to act on behalf of the Authority under this subsection—see section 150.

 (2) In doing so, the Authority must have regard to all submissions made by interested persons and appropriate government agencies during the submission period.

 (3) To avoid doubt, the draft does not take effect except in accordance with a notice under subsection (4).

Publication

 (4) If the Authority approves a draft standard or a draft variation of a standard under this section (with or without amendments), the Authority must:
 (a) give public notice of the approval, together with information about where further information about the draft standard or draft variation may be obtained; and
 (b) publish in a generally circulating newspaper, in each State or Territory and in New Zealand, a notice stating that the draft standard or draft variation has been approved and stating where further information about the draft standard or draft variation may be obtained.

When a standard or variation takes effect

 (5) The standard, or the variation of the standard, takes effect on the day specified in the notice given under subsection (4).

Standards are legislative instruments, but not subject to disallowance or sunsetting

 (6) The standard, or the variation of the standard, in relation to which notice is published under subsection (4), is a legislative instrument, but section 42 and Part 6 of the Legislative Instruments Act 2003 do not apply to the standard or variation.

Subdivision B—Assessing the resulting standard or variation