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COMMONWEALTHAct
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s 7A

Constitutional application of this Act

In force
Part 1Preliminary
Division 5Application of this Act

7A Constitutional application of this Act

Supplies of products

(1)

This Act applies to the following supplies of a product:

(a)

supply of the product, being a supply whose regulation is reasonably appropriate and adapted to give effect to Australia’s obligations under:

(i)

the Climate Change Convention; or

(ii)

the Paris Agreement; or

(iii)

another agreement between Australia and one or more other countries;

(b)

supply of the product by or to a constitutional corporation;

(c)

supply of the product in the course of constitutional trade or commerce;

(d)

supply of the product using a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph 51(v) of the Constitution);

(e)

supply of the product by or to the Commonwealth or a Territory, or by or to an authority or instrumentality of the Commonwealth or a Territory;

(f)

supply of the product occurring in a Commonwealth place or a Territory.

Note:

The expression this Act has an extended meaning (see the Dictionary in section 5).

Offers to supply products

(2)

This Act applies to the following offers to supply a product:

(a)

an offer to supply the product, being an offer whose regulation is reasonably appropriate and adapted to give effect to Australia’s obligations under:

(i)

the Climate Change Convention; or

(ii)

the Paris Agreement; or

(iii)

another agreement between Australia and one or more other countries;

(b)

an offer to supply the product made by or to a constitutional corporation;

(c)

an offer to supply the product made in the course of constitutional trade or commerce;

(d)

an offer to supply the product made using a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph 51(v) of the Constitution);

(e)

an offer to supply the product made by or to the Commonwealth or a Territory, or by or to an authority or instrumentality of the Commonwealth or a Territory;

(f)

an offer to supply the product occurring in a Commonwealth place or a Territory.

Uses of products

(3)

This Act applies to the following uses of a product:

(a)

use of the product for a commercial purpose, being a use whose regulation is reasonably appropriate and adapted to give effect to Australia’s obligations under:

(i)

the Climate Change Convention; or

(ii)

the Paris Agreement; or

(iii)

another agreement between Australia and one or more other countries;

(b)

use of the product for a commercial purpose by a constitutional corporation;

(c)

use of the product for a commercial purpose in the course of constitutional trade or commerce;

(d)

use of the product for a commercial purpose in providing a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph 51(v) of the Constitution);

(e)

use of the product for a commercial purpose by the Commonwealth or a Territory, or by an authority or instrumentality of the Commonwealth or a Territory;

(f)

use of the product for a commercial purpose occurring in a Commonwealth place or a Territory.

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