Document ID: chunk:federal_register_of_legislation:C2024C00606:section:43:p1
Version: federal_register_of_legislation:C2024C00606
Segment Type: section
Provision Reference: s 43 (pt 1/2)
Character Range: 106174–108784

43  Relationship of Act with other laws etc.
 (1) Subject to subsections (4), (5), (6), (7), (8), (9), (9A) and (10), this Act has effect in spite of anything in any law of the Commonwealth or of a State or Territory, or in any contract, deed, undertaking, agreement or other instrument.
Note: For the effect of a certificate of transfer, see sections 22 and 35.
 (2) Subject to subsections (4), (5), (6), (7), (8), (9), (9A) and (10), nothing done by or under this Act:
 (a) places a receiving body, a transferring body or another person in breach of contract or confidence or otherwise makes any of them guilty of a civil wrong; or
 (b) places a receiving body, a transferring body or another person in breach of:
 (i) any law of the Commonwealth or of a State or Territory; or
 (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or
 (c) releases any surety, wholly or partly, from all or any of the surety's obligations.
 (3) Without limiting subsection (1), but subject to subsections (4), (5), (6), (7), (8), (9), (9A) and (10), if, apart from this Act, the advice or consent of a person would be necessary in a particular respect, the advice is taken to have been obtained or the consent is taken to have been given, as the case requires.
 (4) The regulations may provide that some or all of the provisions of another Act (not being provisions referred to in subsection (5), (6), (7) or (8)) apply in relation to the transfer of business or transfer of shares that takes effect or may take effect under this Act, or in relation to a restructure that takes effect or may take effect under this Act, with the modifications (if any) specified in the regulations. The regulations have effect accordingly. Nothing in this section limits the operation of those provisions (as they have effect subject to any modifications specified in the regulations).
 (5) Nothing in this Act limits the operation of any of the provisions of the Privacy Act 1988.
 (6) Subject to subsection (9A), nothing in this Act limits the operation of any of the provisions of the Competition and Consumer Act 2010.
 (7) Nothing in this Act limits the operation of any of the provisions of the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
 (8) Nothing in this Act limits the operation of section 63 of the Banking Act 1959.
 (9) For the purposes of section 50 and related provisions of the Competition and Consumer Act