11Constitutional limitations on powers and functions

#### 11 Constitutional limitations on powers and functions Aircraft (1) The powers in this Act, so far as they relate to aircraft and air navigation, can only be exercised in relation to: (a) air navigation conducted in the course of trade or commerce with other countries or among the States; or (b) air navigation: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (iv) on aircraft owned or operated by a constitutional corporation or Commonwealth entity; or (v) in respect of which a State referral of power is in operation; or (vi) in relation to any other matter with respect to which the Parliament has power to make laws; or (c) giving effect to an international agreement; or (d) matters of international concern. Ships (2) The powers in this Act, so far as they relate to ships and marine navigation, can only be exercised in relation to: (a) marine navigation conducted in the course of trade or commerce with other countries or among the States; or (b) marine navigation: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (iv) on ships owned or operated by a constitutional corporation or Commonwealth entity; or (v) in respect of which a State referral of power is in operation; or (vi) in relation to any other matter with respect to which the Parliament has power to make laws; or (c) giving effect to an international agreement; or (d) matters of international concern. Rail vehicles (3) The powers in this Act, so far as they relate to rail vehicles and rail transport, can only be exercised in relation to: (a) rail transport conducted in the course of trade or commerce among the States; or (c) rail transport: (ia) within a Territory, or to or from a Territory; or (i) within a Commonwealth place, or to or from a Commonwealth place; or (ii) on rail vehicles owned or operated by a constitutional corporation or Commonwealth entity; or (iii) on railway tracks owned or operated by a constitutional corporation or Commonwealth entity; or (iv) in respect of which a State referral of power is in operation; or (v) in relation to any other matter with respect to which the Parliament has power to make laws. Section does not limit OBR information powers (4) This section does not affect any powers in this Act that are expressly conferred in relation to an OBR or OBR information. > Note: The definition of OBR in section 48 applies constitutional limitations to the provisions of this Act that apply expressly to OBRs and OBR information. Definition (5) In this section: > outside Australia means outside the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973. > Note: A reference to Australia in any other provision of this Act includes a reference to the coastal sea of Australia: see section 15B of the Acts Interpretation Act 1901.