Competition and Consumer Act 2010

This section:

applies only for the purposes of the application of the provisions of the Competition Code or another law of the Commonwealth (with or without modification) as a law of a participating State or participating Territory by a provision of an application law; and

does not apply for those purposes if the application law otherwise provides.

If the application law purports to impose a duty on a Commonwealth entity to do a particular thing, the duty is taken to be imposed by the application law to the extent to which imposing the duty:

is within the legislative powers of the State or Territory; and

is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth entity.

To avoid doubt, the application law does not impose the duty on the Commonwealth entity to the extent to which imposing the duty would:

contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

otherwise exceed the legislative powers of the State or Territory.

If imposing on the Commonwealth entity the duty to do that thing would:

contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or

otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;