Document ID: chunk:federal_register_of_legislation:C2024C00490:section:303
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 303
Character Range: 389486–391437

303  Alternative constitutional basis
 (1) Without limiting its effect apart from this section, this Act and the associated provisions also have effect as provided by this section.

External affairs
 (2) This Act and the associated provisions also have the effect they would have if:
 (a) subsections (3) and (4) had not been enacted; and
 (b) this Act and the associated provisions did not apply except to the extent to which they relate to:
 (i) matters of international concern; or
 (ii) matters external to Australia.

Limited types of offsets projects
 (3) This Act and the associated provisions also have the effect they would have if subsection (2) had not been enacted and each reference in this Act and the associated provisions to an offsets project were, by express provision, confined to an offsets project:
 (a) where the project proponent is, or each of the project proponents are, a constitutional corporation; or
 (b) where the project proponent is:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth; or
 (c) that is, or is to be, carried on in a Territory; or
 (d) that is, or is to be, carried on in a Commonwealth place; or
 (e) that is, or is to be, carried on in the course of, or in relation to, any of the following:
 (i) trade or commerce between Australia and places outside Australia;
 (ii) trade or commerce among the States;
 (iii) trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Limited power to purchase prescribed eligible carbon units
 (4) This Act and the associated provisions also have the effect they would have if:
 (a) subsection (2) had not been enacted; and
 (b) this Act, by express provision, prohibited the Regulator from entering into a carbon abatement contract, on behalf of the Commonwealth, for the purchase by the Commonwealth of prescribed eligible carbon units unless the units represent carbon abatement by a constitutional corporation.