Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:26
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 26
Character Range: 81366–83300

26  Constitutional basis of this Part

Principal constitutional basis
 (1) This Part relies on the Commonwealth's legislative power under paragraph 51(xxix) of the Constitution to give effect to Australia's obligations under the following:
 (a) the ILO Convention (No. 122) concerning Employment Policy, done at Geneva on 9 July 1964, as in force for Australia from time to time;
 (b) the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966, as in force for Australia from time to time.
Note 1: The ILO Convention (No. 122) concerning Employment Policy is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Additional operation of this Part
 (2) In addition to subsection (1), this Part also has effect as provided by subsections (3) and (4).
 (3) This Part also has the effect it would have if the employment referred to in paragraph 30(1)(a) were expressly confined to employment that constitutes a benefit of a kind to which paragraph 51(xxiiiA) of the Constitution applies.
Note: Paragraph 30(1)(a) deals with the requirement for an individual to be employed by an entity in a period in order for the entity to be entitled to a jobmaker hiring credit payment for the period.
 (4) This Part also has the effect it would have if a reference in this Part to a jobmaker hiring credit payment for a period were expressly confined to a payment that, for that period, is a matter peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

Division 2—Entitlement