Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 150FAA

  (1)   This section:

  (a)   applies only for the purposes of the application of the provisions of the Competition Code or another law of the Commonwealth (with or without modification) as a law of a participating State or participating Territory by a provision of an application law; and

  (b)   does not apply for those purposes if the application law otherwise provides.

  (2)   If the application law purports to impose a duty on a Commonwealth entity to do a particular thing, the duty is taken to be imposed by the application law to the extent to which imposing the duty:

  (a)   is within the legislative powers of the State or Territory; and

  (b)   is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth entity.

  (3)   To avoid doubt, the application law does not impose the duty on the Commonwealth entity to the extent to which imposing the duty would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

  (b)   otherwise exceed the legislative powers of the State or Territory.

  (4)   If imposing on the Commonwealth entity the duty to do that thing would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

  (b)   otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;

the application law is taken instead to confer on the Commonwealth entity a power to do that thing at the discretion of the Commonwealth entity.