Alternative constitutional bases
15 Alternative constitutional bases
Without limiting its effect apart from this subsection, this Act also has the effect it would have if its operation were expressly confined to matters relating to:
the provision of pharmaceutical and sickness benefits; or
the provision of medical services (without any form of civil conscription); or
census and statistics; or
postal, telegraphic, telephonic and other like services; or
external affairs, including:
giving effect to the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966, in particular Article 12, or to another international agreement to which Australia is a party; or
addressing matters of international concern; or
a Territory or a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
the implied power of the Parliament to make laws with respect to nationhood; or
the executive power of the Commonwealth; or
matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Without limiting its effect apart from this subsection, this Act also has the effect it would have if its operation were expressly confined to acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies.
A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
This Act’s bill:Explanatory memorandumSecond reading speech
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