307Alternative constitutional basis

#### 307 Alternative constitutional basis (1) Without limiting its effect apart from this section, this Act and the associated provisions also have effect as provided by this section. External affairs (2) This Act and the associated provisions also have the effect they would have if: (a) subsections (3) to (8) had not been enacted; and (b) this Act and the associated provisions did not apply except to the extent to which they relate to: (i) matters of international concern; or (ii) matters external to Australia. Taxation (3) This Act and the associated provisions also have the effect they would have if: (a) subsections (2), (4), (5), (6), (7) and (8) had not been enacted; and (b) this Act and the associated provisions did not apply except to the extent to which they relate to taxation. Limited types of liable entities (4) This Act and the associated provisions also have the effect they would have if: (a) subsections (2), (3), (5) and (6) had not been enacted; and (b) each reference in this Act and the associated provisions to a liable entity were, by express provision, confined to a liable entity who is: (i) a constitutional corporation; or (ii) the Commonwealth; or (iii) an authority of the Commonwealth. Limited types of facilities (5) This Act and the associated provisions also have the effect they would have if subsections (2), (3), (4) and (6) had not been enacted and each reference in this Act and the associated provisions to a facility were, by express provision, confined to a facility: (a) in a Territory; or (b) outside Australia; or (c) in a Commonwealth place; or (d) over which the Commonwealth, or an authority of the Commonwealth, has operational control; or (e) operated in the course of, or in relation to, any of the following: (i) trade or commerce between Australia and places outside Australia; (ii) trade or commerce among the States; (iii) trade or commerce within a Territory, between a State or Territory or between 2 Territories. Limited types of supply or re‑supply (6) This Act and the associated provisions also have the effect they would have if subsections (2), (3), (4) and (5) had not been enacted and each reference in this Act and the associated provisions to supply or re‑supply were, by express provision, confined to supply or re‑supply: (a) in a Territory; or (b) outside Australia; or (c) in a Commonwealth place; or (d) by the Commonwealth or an authority of the Commonwealth; or (e) in the course of, or in relation to, any of the following: (i) trade or commerce between Australia and places outside Australia; (ii) trade or commerce among the States; (iii) trade or commerce within a Territory, between a State or Territory or between 2 Territories. Jobs and Competitiveness Program (7) This Act and the associated provisions also have the effect they would have if the reference in subsection 145(1) to the issue of free carbon units were, by express provision, confined to the issue of free carbon units to a person who is: (a) a constitutional corporation; or (b) the Commonwealth; or (c) an authority of the Commonwealth. Coal‑fired electricity generation (8) This Act and the associated provisions also have the effect they would have if this Act provided that a person is not entitled to make an application under section 162 for a certificate of eligibility for coal‑fired generation assistance unless the person is: (a) a constitutional corporation; or (b) the Commonwealth; or (c) an authority of the Commonwealth. Associated provisions (9) For the purposes of this section, associated provisions does not include the following provisions: (a) the provisions of the Clean Energy (Charges—Excise) Act 2011; (b) the provisions of the Clean Energy (Charges—Customs) Act 2011; (c) the provisions of the Clean Energy (Unit Issue Charge—Auctions) Act 2011; (d) the provisions of the Clean Energy (Unit Issue Charge—Fixed Charge) Act 2011; (e) the provisions of the Clean Energy (Unit Shortfall Charge—General) Act 2011.