Aircraft

(1)

The powers in this Act, so far as they relate to aircraft and air navigation, can only be exercised for the purpose of:

(a)

improving the safety of air navigation conducted in the course of trade or commerce with other countries or among the States; or

(b)

improving the safety of 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 for the purpose of:

(a)

improving the safety of marine navigation conducted in the course of trade or commerce with other countries or among the States; or

(b)

improving the safety of 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 for the purpose of:

(a)

improving the safety of rail transport conducted in the course of trade or commerce among the States; or

(b)

improving the safety of rail transport conducted to or from the Northern Territory; or

(c)

improving the safety of rail transport:

(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: