Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12aa:p1
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12AA (pt 1/2)
Character Range: 38666–41333

12AA  Constitutional operation of Division

 (1) Without prejudice to its effect apart from this section, this Division also has effect as provided by this section.

 (2) This Division has, by force of this subsection, the effect it would have if:
 (a) references in this Division to trade or commerce were, by express provision, confined 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
 (iv) by way of the supply of services to the Commonwealth or an authority or instrumentality of the Commonwealth; and
 (b) section 12DJ were, by express provision, confined in its operation to engaging in conduct to the extent to which the conduct takes place in the course of or in relation to:
 (i) trade or commerce between Australia and places outside Australia; or
 (ii) trade or commerce among the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (iv) the supply of services to the Commonwealth or an authority or instrumentality of the Commonwealth; and
 (c) reference in Subdivision E (sections 12EA to 12ED) to a contract for the supply of services or to the supply of services were, by express provision, confined to a contract made, or to the supply of services:
 (i) in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or
 (ii) in the course of, or in relation to, trade or commerce among the States; or
 (iii) in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and
 (d) references in this Division to a corporation, except a reference in section 12BA, included a reference to a person other than a corporation.

 (3) In addition to the effect that this Division has as provided by subsection (2), the provisions of Subdivision C (sections 12CA to 12CB) and Subdivision D (sections 12DA to 12DN) have, by force of this subsection, the effect they would have if:
 (a) those provisions were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct involves the use of postal, telegraphic or telephonic services or takes place in a radio or television broadcast; and
 (b) references in those provisions to a corporation included a reference to a person other than a corporation.

 (4) In addition to the effect that this Division has as provided by subsections (2) and (3), the provisions of Subdivision C (sections 12CA to 12CB) and Subdivision D (sections 12DA to 12DN)