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GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 7A

Constitutional application of this Act

Supplies of products

  (1)   This Act applies to the following supplies of a product:

  (a)   supply of the product, being a supply whose regulation is reasonably appropriate and adapted to give effect to Australia's obligations under:

  (i)   the Climate Change Convention; or

  (ii)   the Paris Agreement; or

  (iii)   another agreement between Australia and one or more other countries;

  (b)   supply of the product by or to a constitutional corporation;

  (c)   supply of the product in the course of constitutional trade or commerce;

  (d)   supply of the product using a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph   51(v) of the Constitution);

  (e)   supply of the product by or to the Commonwealth or a Territory, or by or to an authority or instrumentality of the Commonwealth or a Territory;

  (f)   supply of the product occurring in a Commonwealth place or a Territory.

Note:   The expression this Act has an extended meaning (see the Dictionary in section   5).

Offers to supply products

  (2)   This Act applies to the following offers to supply a product:

  (a)   an offer to supply the product, being an offer whose regulation is reasonably appropriate and adapted to give effect to Australia's obligations under:

  (i)   the Climate Change Convention; or

  (ii)   the Paris Agreement; or

  (iii)   another agreement between Australia and one or more other countries;

  (b)   an offer to supply the product made by or to a constitutional corporation;

  (c)   an offer to supply the product made in the course of constitutional trade or commerce;

  (d)   an offer to supply the product made using a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph   51(v) of the Constitution);

  (e)   an offer to supply the product made by or to the Commonwealth or a Territory, or by or to an authority or instrumentality of the Commonwealth or a Territory;

  (f)   an offer to supply the product occurring in a Commonwealth place or a Territory.

Uses of products

  (3)   This Act applies to the following uses of a product:

  (a)   use of the product for a commercial purpose, being a use whose regulation is reasonably appropriate and adapted to give effect to Australia's obligations under:

  (i)   the Climate Change Convention; or

  (ii)   the Paris Agreement; or

  (iii)   another agreement between Australia and one or more other countries;

  (b)   use of the product for a commercial purpose by a constitutional corporation;

  (c)   use of the product for a commercial purpose in the course of constitutional trade or commerce;

  (d)   use of the product for a commercial purpose in providing a postal, telegraphic, telephonic, or other like service (within the meaning of paragraph   51(v) of the Constitution);

  (e)   use of the product for a commercial purpose by the Commonwealth or a Territory, or by an authority or instrumentality of the Commonwealth or a Territory;

  (f)   use of the product for a commercial purpose occurring in a Commonwealth place or a Territory.



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