(1) The Corporations legislation is not intended to exclude or limit the
concurrent operation of any law of a State or Territory.
(2) Without limiting subsection (1), the Corporations legislation is not
intended to exclude or limit the concurrent operation of a law of a State or
Territory that:
- (a)
- imposes additional obligations or liabilities (whether
criminal or civil) on:
- (i)
- a director or other officer of a company or other corporation; or
- (ii)
- a company or other body; or
- (b)
- confers additional powers on:
- (i)
- a director or other officer of a company or other corporation; or
- (ii)
- a company or other body; or
- (c)
- provides for the formation of a body corporate; or
- (d)
- imposes additional limits on the interests a person may hold or acquire in
a company or other body; or
- (e)
- prevents a person from:
- (i)
- being a director of; or
- (ii)
- being involved in the management or control of;
a company or other body; or
- (f)
- requires a company:
- (i)
- to have a constitution; or
- (ii)
- to have particular rules in its constitution.
- Note: Paragraph (a)this includes imposing additional reporting
obligations on a company or other body.
(3) Without limiting subsection (2), a reference in that subsection to a
law of a State or Territory imposing obligations or liabilities, or conferring
powers, includes a reference to a law of a State or Territory imposing
obligations or liabilities, or conferring powers, by reference to the State or
Territory in which a company is taken to be registered.
(4) This section does not apply to the law of the State or Territory if there
is a direct inconsistency between the Corporations legislation and that law.
-
Note: Section 5G prevents direct inconsistencies arising in some cases by
limiting the operation of the Corporations legislation.
(5) If:
- (a)
- an act or omission of a person is both an offence against the
Corporations legislation and an offence under the law of a State or Territory;
and
- (b)
- the person is convicted of either of those offences;
the person is not liable to be convicted of the other of those offences.