85ABConstitutional basis

#### 85AB Constitutional basis (1) Without limitation, the provisions of this Act and the Family Assistance Administration Act in relation to child care subsidy and additional child care subsidy (including provisions in relation to approved providers) rely on: (a) the Commonwealth’s legislative powers under paragraphs 51(xxiiiA), (xxix) and (xxxix) of the Constitution; and (b) any implied legislative powers of the Commonwealth. (2) For the purposes of reliance on paragraph 51(xxix) of the Constitution and without limitation, the provisions of this Act and the Family Assistance Administration Act in relation to child care subsidy and additional child care subsidy (including provisions in relation to approved providers) are intended to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989. > Note: The Convention on the Rights of the Child is in Australian Treaty Series 1991 No. 4 (\[1991\] ATS 4) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).