COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 - SECT 4 Application of laws in Commonwealth places

COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 - SECT 4

  (1)   The provisions of the laws of a State as in force at a time (whether before or after the commencement of this Act) apply, or shall be deemed to have applied, in accordance with their tenor, at that time in and in relation to each place in that State that is or was a Commonwealth place at that time.

  (1A)   Subsection   ( 1) does not apply to the provisions of the laws of a State to the extent that those provisions have effect, as laws of the Commonwealth, under the Commonwealth Places (Mirror Taxes) Act 1998 .

  (2)   This section does not:

  (a)   extend to the provisions of a law of a State to the extent that, if that law applied, or had applied, in or in relation to a Commonwealth place, it would be, or have been, invalid or inoperative in its application in or in relation to that Commonwealth place otherwise than by reason of the operation of section   52 of the Constitution in relation to Commonwealth places; or

  (b)   operate so as to make applicable the provisions of a law of a State in or in relation to a Commonwealth place if that law would not apply, or would not have applied, in or in relation to that place if it were not, or had not been, a Commonwealth place.

  (3)   To the extent that the laws of a State would, but for subsection   ( 1) of this section, have, or have had, the same effect, at a particular time, with respect to an act, matter or thing having a connexion with a place in that State that is, or was, at that time, a Commonwealth place as they would have, or would have had, at that time, if the act, matter or thing did not have such a connexion, that subsection does not have effect with respect to the provisions of those laws.

  (4)   In so far as a law of a State has effect in another State, subsection   ( 1) of this section operates to make the provisions of that law applicable in or in relation to a Commonwealth place in that other State.

  (5)   Subsection   ( 1) of this section does not:

  (a)   have effect so as to impose any tax;

  (b)   have effect so as to confer any judicial power; or

  (c)   extend to the provisions of any law of a State in so far as it is not within the authority of the Parliament to make those provisions applicable in or in relation to a Commonwealth place.

  (6)   The regulations may provide that such of the provisions referred to in subsection   ( 1) of this section as are specified in the regulations do not apply, or shall be deemed not to have applied, by reason of this section or so apply, or shall be deemed to have so applied, with such modifications as are specified in the regulations.

  (7)   Regulations shall not be made for the purpose of the last preceding subsection modifying the applied provisions in their application in or in relation to a Commonwealth place except in so far as the modifications are necessary or convenient to enable the applied provisions to operate in or in relation to that place.

  (8)   For the purposes of the last two preceding subsections, modification includes the omission or addition of a provision or the substitution of a provision for another provision.

  (9)   Any reference in a law of the Commonwealth (including the applied provisions) to a law of a State shall, if any part of the applied provisions corresponds to that law, be read as including a reference to that part.

  (10)   Any reference in the applied provisions to a law of a State shall, if there is not any part of the applied provisions that corresponds to that law, be read as a reference to that law.

  (11)   Any reference in a part of the applied provisions to a conviction, punishment, penalty or forfeiture under the applied provisions shall be deemed to include a reference to a conviction, punishment, penalty or forfeiture under the law of a State that corresponds to that part.

  (12)   Where:

  (a)   there is not in force an arrangement with the Governor of a State under subsection   ( 2) of section   6 of this Act;

  (b)   a law of that State provides that an act may or shall be done by an authority of the State; and

  (c)   a part of the applied provisions corresponds to that law;

that authority is empowered to do that act under that part of the applied provisions.

  (13)   Without limiting the effect of any of the preceding provisions of this section, it is declared that the powers of a person under the applied provisions may be exercised in a Commonwealth place in a State in respect of an act done in that State notwithstanding that the act was not done in or in relation to that place and the applied provisions as having effect in or in relation to that place have effect in relation to anything done by a person in the exercise of a power referred to in this subsection.

  (14)   Without limiting the effect of any other law of the Commonwealth, it is declared that the powers of a person under the law of a State may be exercised in that State in respect of an act done in that State notwithstanding that the act was done in or in relation to a Commonwealth place and the provisions of the laws of the State have effect in relation to anything done by a person in the exercise of a power referred to in this subsection.