Concurrent operation of State and Territory laws
(1) This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part. (2) Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also an offence against a provision of this Part. (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following, in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided for in this Part; (b) provides for fault elements that differ from the fault elements applicable to the offence created by this Part; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence created by this Part.
Sourced from the Federal Register of Legislation at 17 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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