Document ID: chunk:federal_register_of_legislation:C2025C00142:section:179
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 179
Character Range: 248131–250343

179  Additional operation of this Act
 (1) In addition to section 178, this Act also has effect as provided by this section.
 (2) To avoid doubt, none of subsections (3) to (8) limit the operation of any other subsection in this section.

Trade and commerce power
 (3) This Act has the effect it would have if a reference to conduct were expressly confined to conduct that takes place in the course of, or in relation to, constitutional trade or commerce.

Communications power
 (4) This Act has the effect it would have if a reference to conduct were expressly confined to conduct engaged in using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution.

Intellectual property power
 (5) This Act has the effect it would have if a reference to conduct were expressly confined to conduct engaged in using any of the following within the meaning of paragraph 51(xviii) of the Constitution:
 (a) a copyright;
 (b) a patent of invention or design;
 (c) a trade mark.

Corporations power
 (6) This Act has the effect it would have if a reference to conduct were expressly confined to conduct engaged in by:
 (a) a constitutional corporation; or
 (b) persons or entities through which a constitutional corporation acts.

External affairs power—geographically external aspect
 (7) The Act has the effect if would have if a reference to conduct were expressly confined to conduct engaged in by a person outside Australia.

Territories power
 (8) This Act has the effect it would have if a reference to conduct were expressly confined to conduct:
 (a) that takes place in a Territory; or
 (b) by a body corporate incorporated in a Territory.

Section does not apply to certain provisions
 (9) This section does not apply to the following provisions of this Act:
 (a) Part 2.4 (prohibition of e‑cigarette advertisements);
 (b) Part 2.5 (prohibition of e‑cigarette sponsorships);
 (c) Part 3.5 (offences and civil penalty provisions relating to constitutional corporations—tobacco product requirements);
 (d) Chapter 4 (permanent bans on certain tobacco products).
Note: The provisions mentioned in this subsection already have limited constitutional operation.