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COMMONWEALTHAct
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s 9

Constitutional basis for Act

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Volume 1Parts 1 to 10A (sections 1 to 239W)

9 Constitutional basis for Act

This Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A) relies on:

(a)

the Commonwealth’s legislative powers under paragraphs 51(i), (v), (viii), (xi), (xv), (xx), (xxix) and (xxxix), and section 122, of the Constitution; and

(b)

any implied legislative powers of the Commonwealth.

Note 1:

See also sections 36 and 37, which clarify the constitutional basis for section 35.

Note 2:

See also sections 60 and 61, which clarify the constitutional basis for section 59.

Note 3:

See also sections 73C and 73D, which clarify the constitutional basis for sections 73A and 73B, and sections 73J, which clarifies the constitutional basis for section 73F.

Note 4:

See also section 119, which clarifies the constitutional basis for Part 7.

Note 5:

See also subsection 165(6), which clarifies the constitutional basis for giving a direction under subsection 165(2) in certain circumstances.

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