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COMMONWEALTHAct
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s 73C

Constitutional basis of sections 73A and 73B

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 2Management of Basin water resources
Division 3AOffences and civil penalty provisions
Subdivision AContraventions of laws relating to taking water from a water resource

73C Constitutional basis of sections 73A and 73B

Sections 73A and 73B rely on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia’s obligations under relevant international agreements, in particular:

(a)

paragraph 1 of Article 3 and paragraph 1 of Article 4 of the Ramsar Convention; and

(b)

subparagraphs (a), (c) to (e) and (k) of Article 8 and subparagraph (a) of Article 10 of the Biodiversity Convention.

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