Aged Care Act 2024
270Constitutional limits
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270 Constitutional limits
The System Governor may exercise a power conferred on the System Governor by section 265 only:
(a) with respect to the executive power of the Commonwealth; or
(b) with respect to the provision of unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services and family allowances within the meaning of paragraph 51(xxiiiA) of the Constitution; or
(c) with respect to the people of any race for whom it is deemed necessary to make special laws; or
(d) with respect to aliens within the meaning of paragraph 51(xix) of the Constitution; or
(e) with respect to the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
(f) with respect to the granting of financial assistance to a State or Territory; or
(g) with respect to implementing any of Australia’s international obligations under any of the following:
(i) Articles 2, 6 and 12(2) of the Covenant on Economic, Social and Cultural Rights;
(ii) Articles 4, 8, 9, 19, 20, 25, 26 and 27 of the Convention on the Rights of Persons with Disabilities;
(iii) Articles 1 and 2 of the ILO Convention (No. 122) concerning Employment Policy;
(iv) Article 1 of the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources; or
(h) with respect to census and statistics (within the meaning of paragraph 51(xi) of the Constitution); or
(i) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or
(j) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.