Victorian Current Acts Victorian Current Acts(1) Except as otherwise provided by this Part, if a provision of this Part, or of a regulation or Order made under this Part, that applies to a public entity is inconsistent with, or has the same or a similar effect as, a provision of the Act or subordinate instrument or other document under which the public entity is established (including a provision of the State Owned Enterprises Act 1992 or of an Order under that Act), the provision of this Part or of the regulation or Order made under this Part prevails or applies in place of the other provision.
(2) Subsection (1) does not have the effect of allowing a provision of this Part or of a regulation or Order made under this Part—
(a) that is of a general nature to prevail over, or apply in place of, a provision of a specific nature of the Act or subordinate instrument or other document under which a public entity is established; or
(b) to prevail over, or apply in place of, a provision of the Act or subordinate instrument or other document under which the public entity is established that is more stringent in nature—
and compliance with the specific or more stringent provision in relation to a matter must be taken to be compliance with the general or less stringent provision in relation to that matter.
Example
Section 65ZF of the Health Services Act 1988 requires the board of a public health service to prepare a strategic plan for the operation of the service and section 65ZFA of that Act requires it to prepare a statement of priorities for each financial year dealing with certain specified matters. A public health service is a standard entity. Compliance with these specific more stringent requirements would satisfy the requirements imposed by section 95(1)(d)(i) and (ii) of this Act.
(3) The provisions of this Part are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.
Division 2—Governance principles