Commonwealth Consolidated Acts Commonwealth Consolidated ActsRelationship to State and Territory laws
(1) A law of a State or Territory has effect to the extent that the law is capable of operating concurrently with this Act or the regulations.
(a) a person ' s act or omission is both :
(i) an offence under this Act ; and
(ii) an offe nce under the law of a State or Territory; and
(b) that person is convic ted of either of those offences;
the person is not liable to be convicted of the other offence.
( 3 ) Nothing in this Act or the regulations limits, restricts or otherwise affects any right or remedy that a person would have had if this Act had not been enacted.
Declarations that Act does not apply
(4 ) A provision of this Act or the regulations does not apply to the public bodies of a State or Territory if a declaration made under subsection ( 5 ) is in force in relation to that provision and that State or Territory .
( 5 ) The Minister must , by legislative instrument , declare that specified provisions of th is Act and the regulations do not apply to the public bodies of a specified S tate or Territory if:
(a ) a Minister of the State or Territory , by written notice, requests the Minister to make the declaration; and
( b ) the Minister is satisfied that a law in force in the State or Territory contains provision s that have been agreed to by the Ministerial Council .
( 6 ) The Minister may, by legislative instrument , revoke the declaration if :
(a) a Minister of the State, by written notice, request s the Minister to do so ; or
(b) a provision in the State or Territory law , which had been agreed to by the Ministerial Council, is amended without the agreement of the Ministerial Council.
(7 ) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a declaration or revocation made under subsection ( 5 ) or ( 6 ) o f this section.
Note: Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 does not apply to such a declaration or revocation (see
subsection 54(1) of that Act).