9Concurrent operation of State and Territory laws

#### 9 Concurrent operation of State and Territory laws (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory (the State or Territory law) to the extent that: (a) the State or Territory law applies minimum requirements (however described) relating to greenhouse gas production or energy use in association with the supply and commercial use of a product that uses energy, or affects the energy used by another product; and (b) if the product is a GEMS product (in a product class covered by a GEMS determination)—those requirements are more stringent than the corresponding requirements applying to the product class under the GEMS determination; and (c) the State or Territory law is capable of operating concurrently with this Act. (2) Subject to subsection (1), this Act is not intended to exclude or limit the concurrent operation of a State or Territory law if such a law makes: (a) an act or omission that is an offence against a provision of this Act; or (b) a similar act or omission; an offence against the State or Territory law. (3) Subsection (2) applies even if the State or Territory law does any one or more of the following: (a) provides for a penalty for the offence that differs from the penalty provided for in this Act; (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Act; (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Act.