Commonwealth Consolidated Acts Commonwealth Consolidated ActsReference of matters by State Parliament to Commonwealth Parliament
(1) A State is a referring State if the Parliament of the State has referred the matters covered by subsections (3) and (4) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:
(a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and
(b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.
This subsection has effect subject to subsections (5) and (6).
(2) A State is a referring State even if a law of the State provides that the reference to the Parliament of the Commonwealth of either or both of the matters covered by subsections (3) and (4) is to terminate in particular circumstances.
Reference covering initial provisions of this Act
(3) This subsection covers the matters to which the referred provisions for the State in question relate to the extent of making laws with respect to those matters by including the referred provisions, as originally enacted by the Water Amendment Act 2008 , in this Act.
Reference covering amendments of this Act
(4) This subsection covers:
(a) if the State in question is a Basin State--the referred subject matters; and
(b) in any case--the matter of the application, in relation to water resources that are not Basin water resources, of provisions of this Act dealing with the subject matters specified in paragraphs (c) and (d) of the definition of referred subject matters in subsection (9) (being an application of a kind that is authorised by the law of the State in question);
to the extent of the making of laws with respect to those matters by making express amendments of this Act.
Effect of termination of reference
(5) A State ceases to be a referring State if the State's initial reference terminates.
(6) Subject to subsections (7) and (8), a State ceases to be a referring State if the State's amendment reference terminates.
(7) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and
(c) that State's amendment reference, and the amendment reference of every other referring State, terminate on the same day.
(8) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) a Bill is introduced into a House of the Parliament that includes a proposed amendment of the referred provisions, or that would, if enacted, have the effect that this Act would no longer contain:
(i) subsections 22(10), (11) and (12), or provisions having substantially the same effect; or
(ii) Part 11A, or provisions having substantially the same effect; and
(b) the Governor of the State, by proclamation, issues a notice stating that:
(i) the State has not agreed to the amendment; and
(ii) this subsection will apply in relation to the State from a day specified in the notice; and
(c) the State Minister of that State who is a member of the Murray - Darling Basin Ministerial Council informs the other members of the Murray - Darling Basin Ministerial Council that the notice was issued; and
(d) the Governor does not revoke the notice before:
(i) the day specified in the notice passes; or
(ii) the Bill is enacted in a form that includes that amendment or a substantially similar amendment;
"amendment reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (4).
"express amendment" of this Act means the direct amendment (whether by the insertion, omission, repeal, substitution or relocation of words or matter) of:
(a) the referred provisions; or
(b) definitions in this Act of terms used in the referred provisions;
but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the referred provisions or those definitions.
"initial reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (3).
"referred provisions" , for a State, means:
(a) if the State is a Basin State--this Part and Parts 2A, 4, 4A, 10A and 11A to the extent to which they deal with matters that are included in the legislative powers of the Parliament of the State; or
(b) if the State is not a Basin State--Parts 4A and 11A to the extent to which they deal with matters that are included in the legislative powers of the Parliament of the State.
"referred subject matters" means any of the following:
(a) the powers, functions and duties conferred on Commonwealth agencies that:
(i) relate to Basin water resources; and
(ii) are conferred by or under the Agreement;
(b) the management of Basin water resources to meet critical human water needs;
(c) water charging in relation to Basin water resources (other than for urban water supply after the removal of the water from a Basin water resource);
(d) the transformation of entitlements to water from a Basin water resource to enable trading in those water entitlements;
(e) the transfer of assets, rights and liabilities of the Murray - Darling Basin Commission to the Authority, and other transitional matters relating to the replacement of the Murray - Darling Basin Commission.
(10) A reference in this section to a Part of this Act includes
a reference to any Schedule to this Act that contains provisions enacted for
the purposes of that Part.