Document ID: chunk:federal_register_of_legislation:C2024C00613:section:174
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 174
Character Range: 331682–333917

174  Constitutional basis for this Act

What this section is about
 (1) This section sets out the constitutional basis of this Act.

Application in a participating State
 (2) The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a participating State is based on:
 (a) the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii)); and
 (b) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States for the purposes of paragraph 51(xxxvii) of the Constitution.

Application in a non‑participating State
 (3) The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a non‑participating 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 other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in a Territory
 (4) The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a 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 a Territory; and
 (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act as applying in the Territory is a law of the Commonwealth.

Application outside Australia
 (5) The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred outside Australia is based on:
 (a) the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
 (b) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
 (c) the other legislative powers that the Commonwealth Parliament has under the Constitution.