Section 150FAA — Competition and Consumer Act 2010: Imposing a duty under State or Territory law

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