Imposing a duty under State or Territory law
(1) This section: (a) 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 (b) does not apply for those purposes if the application law otherwise provides. (2) 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: (a) is within the legislative powers of the State or Territory; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth entity. (3) To avoid doubt, the application law does not impose the duty on the Commonwealth entity to the extent to which imposing the duty would: (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or (b) otherwise exceed the legislative powers of the State or Territory. (4) If imposing on the Commonwealth entity the duty to do that thing would: (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or (b) otherwise exceed the legislative powers of both the State or Territory and the Commonwealth; the application law is taken instead to confer on the Commonwealth entity a power to do that thing at the discretion of the Commonwealth entity.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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