Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536C

Concurrent operation of State and Territory laws

             (1)  This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.

             (2)  Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:

                     (a)  the law makes an act or omission:

                              (i)  an offence; or

                             (ii)  subject to a civil penalty; and

                     (b)  that (or any similar) act or omission is also an offence against a provision of this Part.

             (3)  Subsection (2) applies even if the law of the State or Territory does any one or more of the following, in relation to the offence or civil penalty:

                     (a)  provides for a penalty that differs from the penalty provided for in this Part;

                     (b)  provides for fault elements that differ from the fault elements applicable to the offence created by this Part;

                     (c)  provides for defences or exceptions that differ from the defences or exceptions applicable to the offence created by this Part.



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