Commonwealth Consolidated Acts

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CREATIVE AUSTRALIA ACT 2023 - SECT 6

Constitutional limits

  (1)   Creative Australia may perform its functions only in accordance with this section.

Main constitutional basis

  (2)   Creative Australia may perform its functions with respect to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

Other constitutional bases

  (3)   In addition, Creative Australia may perform its functions with respect to:

  (a)   activities that assist a constitutional corporation in the performance or development of its activities, functions, relationships or business; or

  (b)   trade and 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

  (c)   statistics; or

  (d)   external affairs, including:

  (i)   giving effect to any international agreement to which Australia is a party; and

  (ii)   by way of the performance of its functions in a place outside Australia; or

  (e)   a Territory, including in a Territory; or

  (f)   copyrights, patents of inventions and designs, and trade marks; or

  (g)   support for Aboriginal and Torres Strait Islander arts practice; or

  (h)   a postal, telegraphic, telephonic, or other like service; or

  (i)   the provision of benefits to students; or

  (j)   the executive power of the Commonwealth; or

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

Meaning of terms

  (4)   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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