Commonwealth Consolidated Acts

PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 255

  (1)   The regulations may:

  (a)   provide that a provision of this Act (or an instrument made under this Act) does not apply to a matter that is dealt with by a law (the specified law ) of the Commonwealth, a State or a Territory specified by the regulations; or

  (b)   modify the operation of this Act (or an instrument made under this Act) so that no inconsistency arises between the operation of a provision of this Act or the instrument and the operation of a law (the specified law ) of the Commonwealth, a State, or a Territory specified by the regulations.

  (2)   Without limiting subsection   (1), regulations made for the purposes of that subsection may provide that a provision of this Act (or an instrument made under this Act):

  (a)   does not apply to:

  (i)   a specified person; or

  (ii)   a specified body; or

  (iii)   specified circumstances; or

  (iv)   a specified person or body, in specified circumstances; or

  (b)   does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with the specified law; or

  (c)   does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with the specified law; or

  (d)   does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with the specified law; or

  (e)   does not impose an obligation on a person to the extent to which complying with that obligation would require the person to not comply with an obligation imposed on the person under the specified law; or

  (f)   authorises a person to do something for the purposes of this Act (or an instrument made under this Act) that the person:

  (i)   is authorised to do under the specified law; and

  (ii)   would not otherwise be authorised to do under this Act (or the instrument); or

  (g)   will be taken to be satisfied if the specified law is satisfied.

  (3)   This section does not apply in relation to the following provisions:

  (a)   paragraphs   (c) and (d) of the definition of licence in section   10;

  (b)   paragraph   (b) of the definition of personal property in section   10.

Note:   Certain rights, entitlements and authorities under Commonwealth, State and Territory law, as declared by the relevant law, are excluded from the definitions of personal property and licence (in section   10).