6Legislation Act provisions must be applied

6 Legislation Act provisions must be applied (1) A provision of this Act must be applied to an Act or statutory instrument, in accordance with the terms of the provision, except so far as it is displaced. (2) A determinative provision may be displaced expressly or by a manifest contrary intention. (3) A non-determinative provision may be displaced expressly or by a contrary intention. Note For the distinction between a ‘manifest contrary intention’ (see s (2)) and ‘contrary intention’ (see s (3)), see the examples in this section. (4) The declaration of a provision as ‘determinative’ indicates that it is the intention of the Legislative Assembly that, if the provision is to be displaced at all in a particular case, a more deliberate displacement is required than if the provision were a non-determinative provision. (5) This section applies despite any presumption or rule of interpretation. (6) A provision of this Act must not be taken to be displaced by a provision of an Act or statutory instrument so far as the provisions can operate concurrently. (7) In particular and without limiting subsection (6), a provision of this Act is not displaced by a provision of an Act or statutory instrument because the provisions deal with the same or a similar subject matter.

Examples—different kinds of displacement 1 Determinative provision—express displacement The Collections Regulation Act 1999 (hypothetical), s 83 contains the following provision: (2) The Legislation Act, section 47 (3) does not apply to a regulation under this Act. Section 83 (2) illustrates a provision expressly displacing this Act, s 47 (3), a determinative provision. 2 Determinative provision—manifest contrary intention The Motor Repairers Act 2001 (hypothetical) does not contain a provision like the Collections Regulation Act 1999, s 83, but s 79 contains the following provision: (3) A regulation may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Section 79 (3) illustrates a provision displacing this Act, s 47 (3), a determinative provision, by a manifest contrary intention because s 79 (3) clearly contradicts s 47 (3). 3 Non-determinative provision—contrary intention The master of a vessel is charged with contravening the Liquor Act 2001 (hypothetical), s 126 by selling liquor on or from ‘licensed premises’ otherwise than at a time authorised by the Act. It is claimed that the sale took place on the vessel. The Act defines ‘licensed premises’ to mean that part or those parts of a building or buildings and of the land adjoining it or them as defined by the licensing court. It is argued that the complaint is defective in that a vessel cannot be ‘licensed premises’. However, s 126 is expressed to apply to ‘a licensee, servant, agent or master who sells liquor on or from licensed premises’. In this case, the reference to ‘master’ indicates a contrary intention indicating that the section is intended to apply to liquor sold on or from vessels.