7Concurrent operation of State and Territory laws

7 Concurrent operation of State and Territory laws

(1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act. (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also: (i) an offence against a provision of this Act; or (ii) subject to a civil penalty under this Act. (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided by this Act; (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.