Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1062B

Constitutional limits

  (1)   An arrangement or grant referred to in section   1062A must be with respect to one or more of the following:

  (a)   the provision of unemployment benefits, or other benefits, allowances, services or endowment, referred to in paragraph   51(xxiiiA) of the Constitution;

  (b)   implementing any of Australia's international obligations under the ILO Convention (No. 88) concerning the Organisation of the Employment Service done at San Francisco on 9   July 1948 ([1950] ATS 9), as amended and in force for Australia from time to time;

  (c)   implementing any of Australia's international obligations under the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9   July 1964 ([1970] ATS 17), as amended and in force for Australia from time to time;

  (d)   implementing any of Australia's international obligations under the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23   June 1975 ([1986] ATS 2), as amended and in force for Australia from time to time;

  (e)   implementing any of Australia's international obligations under the International Covenant on Economic, Social and Cultural Rights done at New York on 16   December 1966 ([1976] ATS 5), as amended and in force for Australia from time to time;

  (f)   implementing any of Australia's international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18   December 1979 ([1983] ATS 9), as amended and in force for Australia from time to time;

  (g)   implementing any of Australia's international obligations under the Convention on the Rights of the Child done at New York on 20   November 1989 ([1991] ATS 4), as amended and in force for Australia from time to time;

  (h)   implementing any of Australia's international obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13   December 2006 ([2008] ATS 12), as amended and in force for Australia from time to time;

  (ha)   implementing any of Australia's international obligations under the United Nations Framework Convention on Climate Change done at New York on 9   May 1992 ([1994] ATS 2), as amended and in force for Australia from time to time;

  (hb)   implementing any of Australia's international obligations under the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11   December 1997 ([2008] ATS 2), as amended and in force for Australia from time to time;

  (hc)   implementing any of Australia's international obligations under the Paris Agreement done at Paris on 12   December 2015 ([2016] ATS 24), as amended and in force for Australia from time to time;

  (i)   the granting of financial assistance to a State or Territory;

  (j)   a Territory;

  (k)   Indigenous persons;

  (l)   postal, telegraphic, telephonic or other like services within the meaning of paragraph   51(v) of the Constitution;

  (m)   aliens within the meaning of paragraph   51(xix) of the Constitution;

  (n)   the implied power of the Parliament to make laws with respect to nationhood;

  (o)   matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Note:   The text of a Convention, Covenant, Protocol or Agreement could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Definitions

  (2)   In this section:

"Indigenous person" has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000 .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback