Document ID: chunk:federal_register_of_legislation:C2024C00120:section:11:p1
Version: federal_register_of_legislation:C2024C00120
Segment Type: section
Provision Reference: s 11 (pt 1/2)
Character Range: 21731–24367

11  Constitutional limitations on powers and functions

Aircraft
 (1) The powers in this Act, so far as they relate to aircraft and air navigation, can only be exercised in relation to:
 (a) air navigation conducted in the course of trade or commerce with other countries or among the States; or
 (b) air navigation:
 (i) outside Australia; or
 (ii) within a Territory, or to or from a Territory; or
 (iii) within a Commonwealth place, or to or from a Commonwealth place; or
 (iv) on aircraft owned or operated by a constitutional corporation or Commonwealth entity; or
 (v) in respect of which a State referral of power is in operation; or
 (vi) in relation to any other matter with respect to which the Parliament has power to make laws; or
 (c) giving effect to an international agreement; or
 (d) matters of international concern.

Ships
 (2) The powers in this Act, so far as they relate to ships and marine navigation, can only be exercised in relation to:
 (a) marine navigation conducted in the course of trade or commerce with other countries or among the States; or
 (b) marine navigation:
 (i) outside Australia; or
 (ii) within a Territory, or to or from a Territory; or
 (iii) within a Commonwealth place, or to or from a Commonwealth place; or
 (iv) on ships owned or operated by a constitutional corporation or Commonwealth entity; or
 (v) in respect of which a State referral of power is in operation; or
 (vi) in relation to any other matter with respect to which the Parliament has power to make laws; or
 (c) giving effect to an international agreement; or
 (d) matters of international concern.

Rail vehicles
 (3) The powers in this Act, so far as they relate to rail vehicles and rail transport, can only be exercised in relation to:
 (a) rail transport conducted in the course of trade or commerce among the States; or
 (c) rail transport:
 (ia) within a Territory, or to or from a Territory; or
 (i) within a Commonwealth place, or to or from a Commonwealth place; or
 (ii) on rail vehicles owned or operated by a constitutional corporation or Commonwealth entity; or
 (iii) on railway tracks owned or operated by a constitutional corporation or Commonwealth entity; or
 (iv) in respect of which a State referral of power is in operation; or
 (v) in relation to any other matter with respect to which the Parliament has power to make laws.

Section does not limit OBR information powers
 (4) This section does not affect any powers in this Act that are expressly conferred in relation to an OBR or OBR information.
Note: The definition of OBR in section 48 applies constitutional limitations to the provisions of