Commonwealth Consolidated Acts

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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 14

Additional operation of this Act

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

Corporations power

  (2)   Part   2 of Chapter   3 has, by force of this subsection, the effect it would have if its operation were, by express provision, confined to a person that is a constitutional corporation .

Note:   Part   2 of Chapter   3 contains general offences and civil penalty provisions for non - compliant retail packaging and tobacco products.

Trade and commerce power

  (3)   Part   2 of Chapter   3 has, by force of this subsection, the effect it would have if its operation were , by express provision, confined to a person engaging in conduct to the extent to which the conduct takes place in the course of , or in relation to, constitutional trade or commerce.

  (4)   Subsection   ( 3 ) do es not apply to the extent (if any) that its application would infringe section   92 of the Constitution .

Note:   Section   92 of the Constitution requires trade among the States to be absolutely free.

Territories power

  (5)   Part   2 of Chapter   3 has, by force of this subsection, the effect it would have if its operation were , by express provision, confined to a person engaging in conduct to the extent to which the conduct takes place wholly or partly in a Territory.


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