Document ID: chunk:federal_register_of_legislation:C2023C00105:section:10
Version: federal_register_of_legislation:C2023C00105
Segment Type: section
Provision Reference: s 10
Character Range: 14756–16898

10  Constitutional limits
 (1) The Corporation may perform its functions only in accordance with this section.

Main constitutional basis
 (2) The Corporation may perform its functions with respect to external affairs, including:
 (a) to give effect to the Climate Change Convention and the Paris Agreement, including by investing in clean energy technologies that could reasonably be expected to control, reduce or prevent anthropogenic emissions of greenhouse gases; and
 (b) to give effect to another international agreement to which Australia is a party; and
 (c) by way of performing its functions in a place outside Australia.

Other constitutional bases
 (3) In addition, the Corporation may perform its functions:
 (a) with respect to:
 (i) investing in constitutional corporations, or projects undertaken by constitutional corporations, for the purposes of the development or commercialisation of clean energy technologies; or
 (ii) investing in the use of clean energy technologies by constitutional corporations; or
 (iii) investing in constitutional corporations that supply goods or services needed to develop or commercialise, or needed for use in, clean energy technologies; or
 (b) with respect to trade or commerce:
 (i) between Australia and places outside Australia; or
 (ii) among the States; or
 (iii) within a Territory, between a State and a Territory or between 2 Territories; or
 (c) with respect to the provision of a service, or financial assistance, to:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth;
  for a purpose of the Commonwealth; or
 (d) with respect to a Territory; or
 (e) with respect to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or
 (f) with respect to the executive power of the Commonwealth; or
 (g) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Meaning of terms
 (4) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.