Document ID: chunk:federal_register_of_legislation:C2024C00557:section:36
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 36
Character Range: 156221–157458

36  Constitutional operation of section 35 (general)
 (1) Section 35 imposes an obligation to the extent to which imposing the obligation gives effect to a relevant international agreement.
 (2) Section 35 imposes an obligation to the extent to which the obligation is imposed:
 (a) on a constitutional corporation; or
 (b) in relation to conduct that affects the activities of a constitutional corporation.
 (3) Section 35 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in the course of trade or commerce:
 (a) with other countries; or
 (b) among the States; or
 (c) between a State and a Territory.
Note: This subsection is of particular relevance to the provisions of the Basin Plan that deal with the trading or transfer of tradeable water rights.
 (4) Section 35 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in a Territory.
 (6) Subsections (1), (2), (3) and (4):
 (a) have effect independently of each other; and
 (b) do not limit section 37; and
 (c) do not limit the operation (if any) that section 35 validly has apart from this section.
 (7) In this section:
conduct includes an act or omission.