Document ID: chunk:federal_register_of_legislation:C2019A00063:clause:1_56gf:p1
Version: federal_register_of_legislation:C2019A00063
Segment Type: clause
Provision Reference: sch 1 cl 56GF (pt 1/2)
Character Range: 143765–146523

56GF  Constitutional basis

Main constitutional basis
 (1) The CDR provisions have the effect they would have if their operation were expressly confined to CDR entities that are corporations.
Note: For the meaning of corporation, see subsection 4(1).

Other constitutional bases
 (2) Independently of subsection (1), the CDR provisions also have effect as provided by subsections (3), (4), (5) and (6).
 (3) The CDR provisions also have the effect they would have if their operation were expressly confined to CDR entities acting in the course of, or in relation to, the carrying on of:
 (a) a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
 (b) the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned; or
 (c) the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned.
 (4) The CDR provisions also have the effect they would have if their operation were expressly confined to CDR entities:
 (a) making a supply or communication; or
 (b) conducting an activity or otherwise doing something;
using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
 (5) The CDR provisions also have the effect they would have if their operation were expressly confined to CDR entities acting in the course of, or in relation to, any of the following:
 (a) trade or commerce between Australia and places outside Australia;
 (b) trade or commerce among the States;
 (c) trade or commerce within a Territory, between a State or Territory or between 2 Territories.
 (6) The CDR provisions also have the effect they would have if their operation were expressly confined to:
 (a) protecting CDR entities against interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR; or
 (b) protecting against interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR by CDR entities.

Related matters
 (7) Section 6 (about the application of this Act to persons who are not corporations) does not apply in relation to the CDR provisions.
 (8) In this section:
CDR entity means any of the following:
 (a) a data holder of CDR data;
 (b) an accredited person;
 (c) a designated gateway for CDR data.
ICCPR means the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time.
Note: The text of the International Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980]