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.
(2) However, if:
(a) a person's act or omission is both:
(i) an offence under this Act; and
(ii) an offence under the law of a State or Territory; and
(b) that person is convicted 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 this Act and the regulations do not apply to the public bodies of a specified State 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 provisions 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, requests 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) of 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).