105Alternative constitutional bases

105 Alternative constitutional bases

(1) Without limiting its effect apart from each of the following subsections of this section, this Act also has effect as provided by that subsection. (2) This Act also has the effect it would have if the System Operator, Data Governance Board and data custodian were expressly permitted to perform functions and duties, and exercise powers, under this Act only: (a) in connection with: (i) the provision of pharmaceutical, sickness or hospital benefits; or (ii) the provision of medical services or dental services (without any form of civil conscription); or (b) for purposes relating to census or statistics; or (c) in relation to a Territory or a place acquired by the Commonwealth for a public purpose. (3) This Act also has the effect it would have if each reference to collection, use or disclosure of de‑identified data or health information were expressly confined to collection, use or disclosure of de‑identified data or health information: (a) in connection with trade or commerce: (i) between Australia and other countries; or (ii) among the States; or (iii) between a Territory and a State or another Territory; or (b) by means of a postal, telegraphic, telephonic or other like service; or (ba) in connection with insurance, other than State insurance that does not extend beyond the limits of the State concerned; or (c) in connection with: (i) the provision of pharmaceutical, sickness or hospital benefits; or (ii) the provision of medical services or dental services (without any form of civil conscription); or (d) for purposes relating to census or statistics; or (e) in a Territory or a place acquired by the Commonwealth for a public purpose; or (f) in relation to a matter that is of international concern. (4) This Act also has the effect it would have if each reference to collection, use or disclosure of de‑identified data or health information were expressly confined to collection from or by, use by or disclosure by or to: (a) a corporation to which paragraph 51(xx) of the Constitution applies; or (b) the Commonwealth; or (c) an authority of the Commonwealth. (5) This Act also has the effect it would have if each reference to a registered healthcare provider organisation, registered repository operator, registered portal provider or contracted service provider were expressly confined to a reference to a registered healthcare provider organisation, registered repository operator, registered portal provider or contracted service provider that: (a) is a corporation to which paragraph 51(xx) of the Constitution applies; or (b) is the Commonwealth; or (c) is an authority of the Commonwealth; or (d) is operating in a Territory or a place acquired by the Commonwealth for a public purpose. (6) This Act also has the effect it would have if its operation in relation to each of the following were expressly confined to an operation for the purposes of giving effect to Australia’s obligations under an agreement between 2 or more countries: (a) the System Operator; (aa) the Data Governance Board; (ab) the data custodian; (b) the Chief Executive Medicare; (ba) the Chief Executive Officer of Services Australia; (c) the Secretary of the Veterans’ Affairs Department or the Defence Department; (d) a registered healthcare provider organisation; (e) a registered repository operator; (f) a registered portal provider; (g) a contracted service provider; (h) a healthcare recipient. (7) This Act also has the effect it would have if each reference to a healthcare recipient were expressly confined to a reference to a healthcare recipient who is: (a) an alien; or (b) a resident of a Territory. Definitions (8) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.