Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 11

  (1)   This section has effect despite anything else in this Act or the Transitional Act.

  (2)   This section applies to the interaction between a provision (the displacement provision ) of a law of a referring State or a Territory and a provision (the Commonwealth provision ) of this Act or the Transitional Act only if the displacement provision is declared by a law of the State or Territory to be a VET legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).

  (3)   The Commonwealth provision does not:

  (a)   prohibit the doing of an act; or

  (b)   impose a liability (whether civil or criminal) for doing an act;

if the displacement provision specifically permits, authorises or requires the doing of that act.

  (4)   The Commonwealth provision does not operate in or in relation to the State or Territory to the extent necessary to ensure that no inconsistency arises between:

  (a)   the Commonwealth provision; and

  (b)   the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.

Note:   The displacement provision is not covered by this subsection if subsection   (3) applies to the displacement provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.

  (5)   Subsections   (3) and (4) do not apply in relation to the displacement provision to the extent to which the regulations provide that those subsections do not apply in relation to the displacement provision.