Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016
sec.5Application of Commonwealth laws as laws of this State
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sec.5 Application of Commonwealth laws as laws of this State
The Commonwealth domestic commercial vessel national law, as in force from time to time and as modified under this Act, applies as a law of this State. See part 8 for modifications of the Commonwealth domestic commercial vessel national law. The Commonwealth domestic commercial vessel national law, as applied under subsection (1) , applies as if it extended to matters in relation to which this State may make laws— whether or not the Commonwealth may make laws in relation to those matters; and even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws. Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law. A regulation may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law— made by a law of the Commonwealth; and stated in the regulation; had not taken effect. (sec.5-ssec.1) The Commonwealth domestic commercial vessel national law, as in force from time to time and as modified under this Act, applies as a law of this State. See part 8 for modifications of the Commonwealth domestic commercial vessel national law. (sec.5-ssec.2) The Commonwealth domestic commercial vessel national law, as applied under subsection (1) , applies as if it extended to matters in relation to which this State may make laws— whether or not the Commonwealth may make laws in relation to those matters; and even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws. (sec.5-ssec.3) Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law. (sec.5-ssec.4) A regulation may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law— made by a law of the Commonwealth; and stated in the regulation; had not taken effect.
- (a) whether or not the Commonwealth may make laws in relation to those matters; and
- (b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.
- (a) made by a law of the Commonwealth; and
- (b) stated in the regulation;