Commonwealth Consolidated Acts

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NATIONAL HEALTH REFORM ACT 2011 - SECT 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.



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