Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section:
(a) applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State or the Northern Territory by a provision of a corresponding State - Territory law; and
(b) does not apply for those purposes if the corresponding State - Territory law otherwise provides.
(2) If the corresponding State - Territory law purports to impose a duty on the National Regulator or other officer or authority of the Commonwealth to do a particular thing, the duty is taken to be imposed by the corresponding State - Territory law to the extent to which imposing the duty:
(a) is within the legislative powers of the State or Territory concerned; and
(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator.
(3) To avoid doubt, the corresponding State - Territory law does not impose the duty on the National Regulator or other officer or authority of the Commonwealth to the extent to which imposing the duty would:
(a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or
(b) otherwise exceed the legislative powers of the State or Territory concerned.
(4) If imposing on the National Regulator or other officer or authority of the Commonwealth the duty to do that thing would:
(a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or
(b) otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;
the corresponding State - Territory law is taken instead to confer on the National Regulator or other officer or authority of the Commonwealth a power to do that thing at the discretion of the National Regulator or other officer or authority of the Commonwealth.