PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 255 Concurrent operation--regulations may resolve inconsistency
PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 255
Concurrent operation--regulations may resolve inconsistency(a) provide that a provision of this Act (or an instrument made under this Act) does not apply to a matter that is dealt with by a law (the specified law ) of the Commonwealth, a State or a Territory specified by the regulations; or
(b) modify the operation of this Act (or an instrument made under this Act) so that no inconsistency arises between the operation of a provision of this Act or the instrument and the operation of a law (the specified law ) of the Commonwealth, a State, or a Territory specified by the regulations.
(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that a provision of this Act (or an instrument made under this Act):
(iii) specified circumstances; or
(iv) a specified person or body, in specified circumstances; or
(b) does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with the specified law; or
(c) does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with the specified law; or
(d) does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with the specified law; or
(e) does not impose an obligation on a person to the extent to which complying with that obligation would require the person to not comply with an obligation imposed on the person under the specified law; or
(f) authorises a person to do something for the purposes of this Act (or an instrument made under this Act) that the person:
(i) is authorised to do under the specified law; and
(ii) would not otherwise be authorised to do under this Act (or the instrument); or
(g) will be taken to be satisfied if the specified law is satisfied.
(3) This section does not apply in relation to the following provisions:
(a) paragraphs (c) and (d) of the definition of licence in section 10;
(b) paragraph (b) of the definition of personal property in section 10.
Note: Certain rights, entitlements and authorities under Commonwealth,
State and Territory law, as declared by the relevant law, are excluded from
the definitions of personal property and licence (in section 10).