South Australian Consolidated Acts South Australian Consolidated Acts7A—Administration of Commonwealth/State scheme as Commonwealth Act
(1) It is the
intention of the Parliament that the Commonwealth/State scheme, to the extent
it operates by force of this Act, should be administered and enforced in the
same way as the Commonwealth Act and the Commonwealth Regulations.
(2) To that end—
(a)
Commonwealth authorities have the same powers to enforce the applied
provisions as they have to enforce the Commonwealth Act and the Commonwealth
Regulations; and
(b) the
laws of the Commonwealth apply as laws of South Australia to offences against
the applied provisions as if they were offences against the Commonwealth Act
or the Commonwealth Regulations and not offences against the laws of South
Australia.
(3) For the purposes
of this section, a reference in a Commonwealth law to a provision of that or
another Commonwealth law will be taken to be a reference to that provision as
applying by virtue of this section.
(4) Without limiting
subsection (2)(b), the laws of the Commonwealth that apply to offences
against the applied provisions under that subsection will be taken to include
the following Acts (including an Act enacted in substitution for one of the
following Acts), as amended from time to time:
(a)
Acts Interpretation Act 1901 ;
(b)
Crimes Act 1914 ;
(c)
Director of Public Prosecutions Act 1983 ;
(d)
Evidence Act 1995 .
(5) Nothing in this
Act derogates from the powers of State authorities to enforce the
applied provisions.
(6) Without limiting
the generality of subsection (5)—
(a) the
Minister may apply to a court of competent jurisdiction for an injunction
restraining a carrier from engaging in prohibited carriage; and
(b) for
that purpose, a reference in section 41J of the Commonwealth Act, as applied
and incorporated in this Act, to a Commonwealth authority will be taken to
include a reference to the Minister.