Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (137 of 2024)
Schedule 2 Other amendments
Part 2 Duties imposed by Competition Code
Competition and Consumer Act 2010
6 After section 150FA
Insert:
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.
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