Document ID: chunk:federal_register_of_legislation:C2018A00126:clause:1_14c:p1
Version: federal_register_of_legislation:C2018A00126
Segment Type: clause
Provision Reference: sch 1 cl 14C (pt 1/3)
Character Range: 11044–13771

14C  What is a participating State?

Participating State
 (1) A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
 (a) has, by its *referral Act, referred to the Commonwealth Parliament:
 (i) *text reference 1 (see subsection (2)); and
 (ii) *text reference 2 (see subsection (3)); and
 (iii) the *amendment reference (see subsection (4));
  before the enactment of the Unexplained Wealth Legislation Amendment Act 2018; or
 (b) has, by its *adoption Act:
 (i) adopted *post‑amended version 1 of this Act (see subsection (5)); and
 (ii) adopted *post‑amended version 2 of this Act (see subsection (6)); and
 (iii) referred to the Commonwealth Parliament the amendment reference;
  after the enactment of the Unexplained Wealth Legislation Amendment Act 2018.

Text reference 1
 (2) Text reference 1 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre‑amended version of this Act otherwise relates.

Text reference 2
 (3) Text reference 2 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre‑amended version of this Act otherwise relates.

Amendment reference
 (4) The amendment reference of a State means the matters relating to:
 (a) *unexplained wealth (see section 14D); and
 (b) *information gathering (see section 14E);
to the extent of making laws with respect to those matters by making *express amendments of this Act.

Post‑amended version 1 of this Act
 (5) Post‑amended version 1 of this Act, in relation to the *adoption Act of a State, means this Act as amended by:
 (a) *relevant law 1; and
 (b) any other *express amendments of this Act that:
 (i) were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and
 (ii) were not amendments of the *main machinery and transitional provisions (see subsection 14B(5));
to the extent that this Act as so amended is a law with respect to *text reference 1 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.

Post‑amended version 2 of this Act
 (6) Post‑amended version 2 of this Act, in relation to the *adoption Act of a State, means this Act as amended by:
 (a) *relevant law 2; and
 (b) any other *express amendments of this Act that:
 (i) were enacted at any time after