5AAdministration of Commonwealth/State scheme as Commonwealth Act

5A Administration of Commonwealth/State scheme as Commonwealth Act

[Section 5A Inserted by No. 3 of 2003, s. 5, Applied:16 Apr 2003]

(1)  It is the intention of the Parliament that the Commonwealth/State scheme, to the extent it operates by force of this Act, should be administered and enforced in the same way as the Commonwealth Act and the Commonwealth Regulations.

(2)  To that end –

(a) Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations; and

(b) the laws of the Commonwealth apply as laws of this State to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations and not offences against the laws of this State.

(3)  For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying by virtue of this section.

(4)  Without limiting subsection (2)(b) , the laws of the Commonwealth that apply to offences against the applied provisions under that subsection are taken to include the following Acts (including an Act enacted in substitution for one of the following Acts), as amended from time to time:

(a) Acts Interpretation Act 1901 ;

(b) Crimes Act 1914 ;

(c) Director of Public Prosecutions Act 1983 ;

(d) Evidence Act 1995 .

(5)  Nothing in this Act –

(a) derogates from the powers of State authorities to enforce the applied provisions; or

(b) imposes a duty on Commonwealth authorities to enforce the applied provisions.