National Health Reform Act 2011
134Constitutional limits
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134 Constitutional limits
(1) The Pricing Authority may perform its functions only: (a) with respect to: (i) the provision of pharmaceutical, sickness or hospital benefits; or (ii) the provision of medical or dental services; or (b) with respect to a corporation to which paragraph 51(xx) of the Constitution applies; or (c) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (d) with respect to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or (e) with respect to the executive power of the Commonwealth; or (f) with respect to statistics; or (g) with respect to, or in, a Territory; or (h) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (i) with respect to trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (j) 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 (k) with respect to the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (l) with respect to insurance to which paragraph 51(xiv) of the Constitution applies; or (m) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth. (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.