New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 1.8

1.8 Relationship with other legislation generally

(1) This Act, the regulations and the Treasurer's directions are not intended to limit or exclude the operation of any other legislation (whenever enacted or made), except as provided by this section.

(2) A paramount provision of this Act is to be interpreted as prevailing over the provisions of other legislation (whenever enacted or made) to the extent of any inconsistency unless another Act expressly provides for the legislation generally, or those provisions specifically, to have effect despite this Act generally or the paramount provision.

(3) Each of the following is a
"paramount provision" of this Act--

(a) section 5.3 (Payment of tax-equivalents to Treasurer),

(b) section 5.4 (Payment of financial distributions to Treasurer),

(c) Part 6 (Financial services and arrangements),

(d) Part 7 (Reporting), subject to sections 7.1, 7.4 and 7.10.

(4) When a paramount provision of this Act prevails over the provisions of other legislation, a person or other entity to whom the paramount provision applies must comply with the paramount provision (including any regulations made for the purposes of that provision) even if it may result in a contravention of the other legislation.

(5) However, subsection (4) does not apply if compliance by a person or other entity with a paramount provision of this Act would result in that person or other entity committing an offence against other legislation.

(6) To avoid doubt, a contravention of other legislation resulting from compliance with a paramount provision of this Act (or regulations made for the purposes of that provision) as required by subsection (4) does not--

(a) subject any person or other entity involved in the contravention to any civil liability, or

(b) invalidate any arrangement, transaction or conduct that was entered into or done in compliance with the paramount provision (or the regulations for the purposes of that provision).

(7) This section and each paramount provision of this Act are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth generally.

Note--: Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of provisions of the Corporations legislation in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section.

(8) In this section--

"arrangement" has the same meaning as in Part 6.