Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:2_16
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 2 cl 16
Character Range: 23184–24275

16  At the end of section 360.4 of the Criminal Code
Add:
 (2) Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
 (a) an act or omission that is an offence against this Division; or
 (b) a similar act or omission;
an offence against the law of the State or Territory.
 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Division;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence against this Division;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence against this Division.
 (4) A person punished for an offence against a law of a State or Territory referred to in subsection (2) in respect of particular conduct cannot be punished for an offence against this Division in respect of that conduct.