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AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ACT 1987 - SECT 7A

Immunity of Organisation etc. from certain State and Territory laws

             (1)  Subject to subsection (4), a law to which this section applies does not apply, and is taken never to have applied, in relation to:

                     (a)  the Organisation; or

                     (b)  the Organisation's property or transactions; or

                     (c)  anything done by or on behalf of the Organisation.

             (2)  Subject to subsections (4) and (5), at all times during which the Organisation holds, or has held, a controlling interest in a particular company, a law to which this section applies does not apply, or is taken not to have applied, as the case requires, in relation to:

                     (a)  the company; or

                     (b)  the company's property or transactions; or

                     (c)  anything done by or on behalf of the company.

             (3)  This section applies to a law of a State or Territory so far as the law relates to:

                     (a)  the use or proposed use of land or premises; or

                     (b)  the environmental consequences of the use of land or premises; or

                     (c)  radioactive materials or dangerous goods; or

                     (d)  licensing in relation to:

                              (i)  employment; or

                             (ii)  carrying on a particular kind of business or undertaking; or

                            (iii)  conducting a particular kind of operation.

             (4)  This section does not apply to a law of a kind referred to in subsection (3) if the law is specified in regulations made for the purposes of this subsection.

             (5)  Subsection (2) does not apply in relation to any property or transaction of a company of a kind referred to in that subsection, or to anything done by such a company, if the property, transaction or thing is wholly unconnected with any matter that is within the scope of the Organisation's functions or powers.

             (6)  Nothing in this section implies that a law to which this section does not apply, applies in relation to:

                     (a)  the Organisation; or

                     (b)  the property or transactions of the Organisation; or

                     (c)  any act or thing done by or on behalf of the Organisation.

             (7)  In this section:

"law" means a written law, and includes:

                     (a)  subordinate legislation; and

                     (b)  a provision of a law.


 

   



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