49Freedom of interstate trade etc.

49 Freedom of interstate trade etc.

(1) A power conferred by sections 9, 11 and 26, subsection 27(8), section 30 and subsection 32(2) on the Minister or on a Regulatory Authority and a power conferred on a court by subsections 27(1), (2) and (7) shall not be exercised in such a manner that: (a) trade, commerce and intercourse among the States is not absolutely free within the meaning of section 92 of the Constitution; or (aa) trade, commerce or intercourse between the Australian Capital Territory and a State is not absolutely free within the meaning of section 69 of the Australian Capital Territory (Self‑Government) Act 1988. (b) trade, commerce or intercourse between the Northern Territory and the States is not absolutely free within the meaning of section 49 of the Northern Territory (Self‑Government) Act 1978. (2) In subsection (1), State does not include the Australian Capital Territory or the Northern Territory.