Document ID: chunk:federal_register_of_legislation:C2024A00021:clause:1_5b:p1
Version: federal_register_of_legislation:C2024A00021
Segment Type: clause
Provision Reference: sch 1 cl 5B (pt 1/2)
Character Range: 7487–10132

5B  Constitutional supplies and constitutional DSGL services

Constitutional supplies
 (1) A supply of DSGL goods or DSGL technology is a constitutional supply if:
 (a) the supply is made by, or on behalf of, or to:
 (i) a constitutional corporation; or
 (ii) a body corporate that is incorporated in a Territory; or
 (iii) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or
 (b) the supply is made by, or on behalf of, or to:
 (i) the government of a foreign country or of part of a foreign country; or
 (ii) an authority of the government of a foreign country; or
 (iii) an authority of the government of part of a foreign country; or
 (c) the supply is made by or to an alien (within the meaning of paragraph 51(xix) of the Constitution); or
 (d) the supply occurs wholly or partly outside Australia; or
 (e) the supply is made in the course of constitutional trade or commerce; or
 (f) the supply occurs wholly or partly within a Territory; or
 (g) the supply is made by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

Constitutional DSGL services
 (2) DSGL services are constitutional DSGL services if:
 (a) the DSGL services are provided by, or on behalf of, or to:
 (i) a constitutional corporation; or
 (ii) a body corporate that is incorporated in a Territory; or
 (iii) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; or
 (b) the DSGL services are provided by, or on behalf of, or to:
 (i) the government of a foreign country or of part of a foreign country; or
 (ii) an authority of the government of a foreign country; or
 (iii) an authority of the government of part of a foreign country; or
 (c) the DSGL services are provided by or to an alien (within the meaning of paragraph 51(xix) of the Constitution); or
 (d) the DSGL services are provided wholly or partly outside Australia; or
 (e) the DSGL services are provided in the course of constitutional trade or commerce; or
 (f) the DSGL services are provided wholly or partly within a Territory; or
 (g) the DSGL services are provided by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

Definitions
 (3) In this section:
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
 (a) between Australia and places outside Australia; or
 (b) among the States; or
 (c) within a Territory, between a