Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 76

This Part to prevail

76. This Part to prevail



(1) Except as otherwise provided by this Part, if a provision of this Part, or
of a regulation or Order made under this Part, that applies to a public entity
is inconsistent with, or has the same or a similar effect as, a provision of
the Act or subordinate instrument or other document under which the public
entity is established (including a provision of the
State Owned Enterprises Act 1992 or of an Order under that Act), the provision
of this Part or of the regulation or Order made under this Part prevails or
applies in place of the other provision.





(2) Subsection (1) does not have the effect of allowing a provision of this
Part or of a regulation or Order made under this Part-

   (a)  that is of a general nature to prevail over, or apply in place of, a
        provision of a specific nature of the Act or subordinate instrument or
        other document under which a public entity is established; or

   (b)  to prevail over, or apply in place of, a provision of the Act or
        subordinate instrument or other document under which the public entity
        is established that is more stringent in nature-

and compliance with the specific or more stringent provision in relation to a
matter must be taken to be compliance with the general or less stringent
provision in relation to that matter. Example Section 65ZF of the
Health Services Act 1988 requires the board of a public health service to
prepare a strategic plan for the operation of the service and section 65ZFA of
that Act requires it to prepare a statement of priorities for each financial
year dealing with certain specified matters. A public health service is a
standard entity. Compliance with these specific more stringent requirements
would satisfy the requirements imposed by section 95(1)(d)(i) and (ii) of this
Act.

(3) The provisions of this Part are declared to be Corporations legislation
displacement provisions for the purposes of section 5G of the Corporations Act
in relation to the Corporations legislation.

Note Section 5G of the Corporations Act provides that if a State law declares
a provision of State law to be a Corporations legislation displacement
provision for the purposes of that section, any provision of the Corporations
legislation with which the State provision would otherwise be inconsistent
does not operate to the extent necessary to avoid the inconsistency.

Division 2-Governance principles