VIC Interpretation Section 8(3) Biosecurity Act 2015?

[Danman132]

How do I interpret this section, Sectiin 3 of the Biosecurity Act 2015?

Subsection 1 states that state health Acts can work Concurrently (at the same time) as the Bio Act, however, how do I interpret Subsectiin 3.
I'm confused about "To the extent that".

Is this saying that a state law can impose penalties or it canmot? Can someone interpret this? Thanks.

(3) Without limiting subsection (1), this Act does not exclude or limit
the concurrent operation of a law of a State or Territory to the
extent that:
(a) the law makes an act or omission:
(i) an offence; or
(ii) subject to a civil penalty; and
(b) that (or any similar) act or omission is also:
(i) an offence against a provision of this Act; or
(ii) subject to a civil penalty under this Act.

 

[Docupedia]

Normally a state law which is inconsistent with a Commonwealth law would be overridden by the Commonwealth law. The section in question specifically carves out the ability for the states to make certain acts/omissions offences and impose penalties for them.

 

[Danman132]

Normally a state law which is inconsistent with a Commonwealth law would be overridden by the Commonwealth law. The section in question specifically carves out the ability for the states to make certain acts/omissions offences and impose penalties for them.

So you're saying that the states can impose penalties for non compliance with the laws in the Biosecurity Act. Is that right?

 

[Docupedia]

No, the states can impose penalties for their equivalent versions of the Act.. and that doing so will not be deemed inconsistent with the Biosecurity Act (which would invoke the Constitutional interpretation concerning inconsistency between state and federal law).

 

[Danman132]

No, the states can impose penalties for their equivalent versions of the Act.. and that doing so will not be deemed inconsistent with the Biosecurity Act (which would invoke the Constitutional interpretation concerning inconsistency between state and federal law).

Thanks for that. Can I just ask, does a penalty mean a fine for breaking a law, or can it be a fee for a service?

 

[Docupedia]

Penalties refer to the consequences for specific acts or omissions under the legislation. You’d need to refer to something specific, and the see what the act or the regulations have to say about it.

 

[Danman132]

Penalties refer to the consequences for specific acts or omissions under the legislation. You’d need to refer to something specific, and the see what the act or the regulations have to say about it.

Thanks very much for your help. Truly appreciated!