8Modification of applied laws

8 Modification of applied laws

(1) The regulations may prescribe modifications of any applied law. (2) The Treasurer of a State may, by legislative instrument, prescribe modifications of the applied laws of the State, other than modifications for the purpose of overcoming a difficulty that arises from the requirements of the Constitution. (4) Modifications may be made under this section only to the extent that they are necessary or convenient: (a) for the purpose of enabling the effective operation of an applied law as a law of the Commonwealth; or (b) for the purpose of enabling an applied law to operate so that the combined tax liability of a taxpayer under: (i) the applied law; and (ii) the corresponding State taxing law; is as nearly as possible the same as the taxpayer’s liability would be under the corresponding State taxing law alone if the Commonwealth places in the State were not Commonwealth places. (5) Modifications under this section: (a) may be expressed to take effect from a date that is earlier than the date on which the instrument prescribing the modifications is registered on the Federal Register of Legislation under the Legislation Act 2003; and (b) may deal with the circumstances in which the modifications apply, and with matters of a transitional or saving nature. (6) To the extent of any inconsistency, modifications under subsection (1) prevail over modifications under subsection (2).