Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  


Division 41 - Other grants  

SECTION 41-95   Alternative constitutional bases  

In addition to the effect that it has apart from this section, this Part has the effect it would have if each reference in this Part to a grant were expressly confined to a grant:

(a) to a corporation to which paragraph 51(xx) of the Constitution applies for the purposes of carrying out the corporation ' s activities; or

(b) for one or more of the following purposes (as well as for a purpose described in section 41-10 ):

(i) a purpose related to trade or commerce with another country, among the States, between a State and a Territory, between 2 Territories or within a Territory;

(ii) a purpose involving the use of postal, telegraphic, telephonic, and other like services;

(iii) a purpose relating to astronomical or meteorological observations;

(iv) a purpose relating to census or statistics;

(v) a purpose relating to aliens;

(vi) a purpose relating to old-age pensions;

(vii) a purpose relating to the provision of benefits to students or sickness benefits;

(viii) a purpose relating to Aboriginal or Torres Strait Islander people;

(ix) a purpose relating to external affairs;

(x) a purpose relating to the executive power of the Commonwealth;

(xi) a purpose relating to a matter that is peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

(c) in or in relation to a Territory.

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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