Common use of Special Measures Clause in Contracts

Special Measures. 1. Security interests in fixtures will not be subject to the Act from its commencement. The Act will not be applied to fixtures in a State or Territory without the agreement of that State or Territory. 2. Security interests in water rights will not be subject to the Act from its commencement. The Act will not be applied to water rights in a State or Territory without the agreement of that State or Territory. 3. The States and Territories will continue to regulate any licence, right, entitlement or authority created by or pursuant to State or Territory legislation. Notwithstanding clause 3.2.5, State or Territory legislation that expressly excludes a licence, right, entitlement or authority created by or pursuant to State or Territory legislation from the application of the Act will prevail over the Act. 4. Where there is direct inconsistency between State or Territory legislation and the Act, or subordinate legislation made under the Act, that State or Territory legislation will prevail over the Act or subordinate legislation where: a) subordinate legislation made under the Act provides that the State or Territory legislation prevails; or b) subject to clause 3.2.5, the State or Territory legislation expressly derogates from the Act or subordinate legislation. 5. A State or Territory will not introduce legislation that expressly derogates from the Act unless at least six parties agree to the introduction of the legislation. 6. Subordinate legislation made under the Act may modify or abrogate the operation of State or Territory legislation of the kind mentioned in clause 3.2.4. 7. Nothing in this clause 3.2 affects the Commonwealth’s power to legislate where to do so would be within the legislative power of the Commonwealth without the referrals referred to in this Part.