(1) The operation of this Act in the referring States is based on:
- (a)
- the
legislative powers that the Commonwealth Parliament has under section 51
of the Constitution (other than paragraph 51(xxxvii)); and
- (b)
- the legislative powers that the Commonwealth Parliament has in respect of
matters to which this Act relates because those matters are referred to it by
the Parliaments of the referring States under paragraph 51(xxxvii) of the
Constitution.
- Note: The State referrals fully supplement the Commonwealth Parliament's other
powers by referring the matters to the Commonwealth Parliament to the extent
to which they are not otherwise included in the legislative powers of the
Commonwealth Parliament.
(2) The operation of this Act in the Northern Territory and the Capital
Territory is based on:
- (a)
- the legislative powers that the Commonwealth
Parliament has under section 122 of the Constitution to make laws for the
government of those Territories; and
- (b)
- the legislative powers that the Commonwealth Parliament has under
section 51 of the Constitution.
Despite subsection 22(3) of the Acts Interpretation Act 1901 , this Act as
applying in those territories is a law of the Commonwealth.
(3) The operation of this Act outside Australia is based on:
- (a)
- the
legislative power the Commonwealth Parliament has under paragraph 51(xxix) of
the Constitution; and
- (b)
- the other legislative powers that the Commonwealth Parliament has under
section 51 of the Constitution; and
- (c)
- the legislative powers that the Commonwealth Parliament has under
section 122 of the Constitution to make laws for the government of those
Territories.
(4) The operation of this Act in a State that is not a referring State is
based on:
- (a)
- the legislative powers that the Commonwealth Parliament has
under section 51 (other than paragraph 51(xxxvii)) and section 122
of the Constitution; and
- (b)
- the legislative powers that the Commonwealth Parliament has in respect of
matters to which this Act relates because those matters are referred to it by
the Parliaments of the referring States under paragraph 51(xxxvii) of the
Constitution.