Document ID: chunk:federal_register_of_legislation:C2024A00137:clause:2_150faa
Version: federal_register_of_legislation:C2024A00137
Segment Type: clause
Provision Reference: sch 2 cl 150FAA
Character Range: 184296–185945

150FAA  Imposing a duty under State or Territory law
 (1) This section:
 (a) applies only for the purposes of the application of the provisions of the Competition Code or another law of the Commonwealth (with or without modification) as a law of a participating State or participating Territory by a provision of an application law; and
 (b) does not apply for those purposes if the application law otherwise provides.
 (2) If the application law purports to impose a duty on a Commonwealth entity to do a particular thing, the duty is taken to be imposed by the application law to the extent to which imposing the duty:
 (a) is within the legislative powers of the State or Territory; and
 (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth entity.
 (3) To avoid doubt, the application law does not impose the duty on the Commonwealth entity to the extent to which imposing the duty would:
 (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or
 (b) otherwise exceed the legislative powers of the State or Territory.
 (4) If imposing on the Commonwealth entity the duty to do that thing would:
 (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth entity; or
 (b) otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;
the application law is taken instead to confer on the Commonwealth entity a power to do that thing at the discretion of the Commonwealth entity.

Part 3—Divisions of the Commission

Competition and Consumer Act 2010