5Interpretation and application of Act

5 Interpretation and application of Act (1) Subject to subsection (2) and sections 33(1) and 34(3), if there is any inconsistency between this Act and any other Act, the provisions of this Act prevail. Note to s. 5(1) inserted by No. 41/2021 s. 10. Other Acts, including relevant legislation, may provide that, despite this subsection, the relevant legislation prevails to the extent of any inconsistency with this Act. See, for example, section 4AA of the **Water Industry Act 1994**. (2) Subject to subsection (3), if the Commission considers that there is a conflict between the objectives specified in or under this Act and the objectives specified in the relevant legislation under which a regulated industry operates, the Commission must perform its functions and exercise its powers in such a manner as the Commission considers best achieves the objectives specified in the relevant legislation. (3) Subsection (2) does not apply to the **Electricity Industry Act 2000** or to the **Gas Industry Act 2001**. (4) Except as otherwise specifically provided, this Act does not apply to or in respect of an essential service unless the essential service is provided by a regulated industry.