119Constitutional limitations

119 Constitutional limitations

Commonwealth not to give preference (1) A function or power conferred by this Act must not be performed or exercised in such a way as to give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. Trade to be absolutely free (2) A function or power conferred by this Act must not be performed or exercised in such a way that the performance of the function, or the exercise of the power, would infringe section 92 of the Constitution.

Note: Section 92 of the Constitution requires trade among the States to be absolutely free.