Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p49
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 127955–130724

of Act to States and Territories

"2B.(1) Part IV, and the other provisions of this Act so far as they relate to Part IV, bind the Crown in right of each of the States, of the Northern Territory and of the Australian Capital Territory, so far as the Crown carries on a business, either directly or by an authority of the State or Territory.

"(2) Nothing in this Act renders the Crown in right of a State or Territory liable to a pecuniary penalty or to be prosecuted for an offence.".

"(3) The protection in subsection (2) does not apply to an authority of a State or Territory.".

Activities that are not business

"2C.(1) For the purposes of sections 2A and 2B, the following do not amount to carrying on a business:

    (a) imposing or collecting:

        (i) taxes; or

        (ii) levies; or

        (iii) fees for licences;

    (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);

    (c) a transaction involving:

        (i) only persons who are all acting for the Crown in the same right (and none of whom is an authority of the Commonwealth or an authority of a State or Territory); or

        (ii) only persons who are all acting for the same authority of the Commonwealth; or

        (iii) only persons who are all acting for the same authority of a State or Territory; or

        (iv) only the Crown in right of the Commonwealth and one or more non-commercial authorities of the Commonwealth; or

        (v) only the Crown in right of a State or Territory and one or more non-commercial authorities of that State or Territory; or

        (vi) only non-commercial authorities of the Commonwealth; or

        (vii) only non-commercial authorities of the same State or Territory;

    (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because:

        (i) the body chooses to acquire the products; or

        (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.

"(2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 2A and 2B.

"(3) In this section:

'acquisition of primary products by a government body under legislation' includes vesting of ownership of primary products in a government body by legislation;

'government body' means the Commonwealth, a State, a Territory, an authority of the Commonwealth or an authority of a State or Territory;

'licence' means a licence that allows the licensee to supply goods or services;

'primary products' means:

    (a) agricultural or horticultural produce; or

    (b) crops, whether on or attached to the land or not; or