Document ID: chunk:federal_register_of_legislation:C2024C00466:section:7
Version: federal_register_of_legislation:C2024C00466
Segment Type: section
Provision Reference: s 7
Character Range: 9882–12119

7  Constitutional basis and severability

Constitutional basis
 (1) This Act relies on:
 (a) the Commonwealth's legislative powers under paragraphs 51(xxix) and (xxxix) of the Constitution; and
 (b) any implied legislative powers of the Commonwealth.

Additional and severable operation of Act
 (2) Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.
 (3) To avoid doubt, none of the following subsections of this section limit the operation of any other subsection of this section.

Trade and commerce
 (4) This Act has the effect it would have if its operation were expressly confined to activities undertaken in the course of trade and commerce to which paragraph 51(i) of the Constitution applies.

Communications
 (5) This Act has the effect it would have if its operation were expressly confined to activities undertaken using a service to which paragraph 51(v) of the Constitution applies.

Corporations
 (6) This Act has the effect it would have if its operation were confined to activities undertaken by:
 (a) corporations to which paragraph 51(xx) of the Constitution applies; and
 (b) persons undertaking activities on behalf of corporations to which paragraph 51(xx) of the Constitution applies.

Census and statistics
 (7) This Act has the effect it would have if its operation were expressly confined to obtaining information for purposes relating to census and statistics within the meaning of paragraph 51(xi) of the Constitution.

Aliens
 (8) This Act has the effect it would have if its operation were expressly confined to activities undertaken on behalf of persons who are aliens within the meaning of paragraph 51(xix) of the Constitution.

External affairs
 (9) This Act has the effect it would have if its operation were expressly confined to activities undertaken beyond the limits of the States and Territories.
 (10) This Act has the effect it would have if its operation were expressly confined to give effect to Australia's rights and obligations under an agreement with one or more foreign countries.

Territories
 (11) This Act has the effect it would have if its operation were expressly confined to activities undertaken in a Territory.