Commonwealth Numbered Acts

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NAVIGATION ACT 2012 (NO. 128, 2012) - SECT 333

Alternative constitutional bases

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

             (2)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies.

             (3)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in the course of, or in relation to, trade or commerce:

                     (a)  between Australia and a place outside Australia; or

                     (b)  among the States; or

                     (c)  within a Territory, between a State and a Territory or between 2 Territories.

             (4)  This Act also has the effect it would have if the provisions of this Act were expressly confined to acts or omissions relating to lighthouses, lightships, beacons and buoys.

             (5)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in a Territory.

             (6)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place outside Australia.

             (7)  This Act also has the effect that it would have if its operation were expressly confined to matters:

                     (a)  in relation to which the Commonwealth is under an obligation under an international agreement; or

                     (b)  that are of international concern.

             (8)  This Act also has the effect that it would have if the provisions of this Act relating to vessels or the acts or omissions of persons in, around or on vessels were expressly confined to cases where the vessel is:

                     (a)  engaged or used in trade or commerce:

                              (i)  between Australia and a place outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (b)  operated or controlled by a corporation to which paragraph 51(xx) of the Constitution applies.

             (9)  This Act also has the effect it would have if the provisions of this Act were expressly confined to acts or omissions relating to postal, telegraphic, telephonic or other like services.

Definitions

           (10)  A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.


 



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