Document ID: chunk:federal_register_of_legislation:C2006A00044:clause:1_24
Version: federal_register_of_legislation:C2006A00044
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 5269–6288

24  Subsection 5(1)
Repeal the subsection, substitute:

State/Territory laws

 (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.

 (1A) A direction under this Act prevails over a direction (however described) under a law of a State or Territory to the extent of any inconsistency.

 (1B) Subsection (1A) does not, by implication, limit:
 (a) the application of section 109 of the Constitution to a law of a State; or
 (b) the application of the corresponding principle to a law of a Territory.

Commonwealth laws

 (1C) A direction under this Act prevails over a direction (however described) under another Act to the extent of any inconsistency, unless the other Act:
 (a) is enacted after the commencement of this subsection; and
 (b) refers specifically to a direction under this Act.

Note: The heading to section 5 is altered by omitting "Saving of" and substituting "Relationship to".