7Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws

#### 7 Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws (1) This section has effect despite anything else in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. (2) This section does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth. (3) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not: (a) prohibit the doing of an act; or (b) impose a liability (whether civil or criminal) for doing an act; if the doing of that act is specifically authorised or required by or under a provision of a law of a State or Territory that deals with workplace health and safety. (4) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not: (a) require the doing of an act; or (b) impose a liability (whether civil or criminal) for not doing an act; if the doing of that act is specifically prohibited by or under a provision of a law of a State or Territory that deals with workplace health and safety. (5) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not operate to the extent necessary to ensure that no inconsistency (including operational inconsistency) arises between: (a) the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth; and (b) a provision of a law of a State or Territory that deals with workplace health and safety that would, but for this subsection, be inconsistent with the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.