The Minister must not enter into a bilateral agreement containing a provision that:
(a) relates to an action prescribed for the purposes of subsection 25(1); and
(b) has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:
(i) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
(ii) by a constitutional corporation.