Document ID: chunk:federal_register_of_legislation:C2024C00719:section:255
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 255
Character Range: 403895–406366

255  Concurrent operation—regulations may resolve inconsistency
 (1) The regulations may:
 (a) provide that a provision of this Act (or an instrument made under this Act) does not apply to a matter that is dealt with by a law (the specified law) of the Commonwealth, a State or a Territory specified by the regulations; or
 (b) modify the operation of this Act (or an instrument made under this Act) so that no inconsistency arises between the operation of a provision of this Act or the instrument and the operation of a law (the specified law) of the Commonwealth, a State, or a Territory specified by the regulations.
 (2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that a provision of this Act (or an instrument made under this Act):
 (a) does not apply to:
 (i) a specified person; or
 (ii) a specified body; or
 (iii) specified circumstances; or
 (iv) a specified person or body, in specified circumstances; or
 (b) does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with the specified law; or
 (c) does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with the specified law; or
 (d) does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with the specified law; or
 (e) does not impose an obligation on a person to the extent to which complying with that obligation would require the person to not comply with an obligation imposed on the person under the specified law; or
 (f) authorises a person to do something for the purposes of this Act (or an instrument made under this Act) that the person:
 (i) is authorised to do under the specified law; and
 (ii) would not otherwise be authorised to do under this Act (or the instrument); or
 (g) will be taken to be satisfied if the specified law is satisfied.
 (3) This section does not apply in relation to the following provisions:
 (a) paragraphs (c) and (d) of the definition of licence in section 10;
 (b) paragraph (b) of the definition of personal property in section 10.
Note: Certain rights, entitlements and authorities under Commonwealth, State and Territory law, as declared by the relevant law, are excluded from the definitions of personal property and licence (in section 10).

Division 3—When other laws prevail