Document ID: chunk:federal_register_of_legislation:C2010A00009:clause:1_6
Version: federal_register_of_legislation:C2010A00009
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 1578–3632

6  Subsections 19(1) and (2)
Repeal the subsections, substitute:

Meaning of referring State
 (1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
 (a) has referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or
 (b) has:
 (i) adopted the relevant version of this Act and the relevant version of the Transitional Act; and
 (ii) referred the matter covered by subsection (4) to the Commonwealth Parliament.
 (2) A State is a referring State even if the State's referral law provides that:
 (a) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or
 (b) the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or
 (c) the reference to the Commonwealth Parliament of the matter covered by subsection (4) does not include:
 (i) the matter of making provision with respect to the imposition or payment of State taxes, duties, charges or other imposts, however described; or
 (ii) the matter of making provision with respect to the general system for the recording of estates or interests in land and related information; or
 (iii) the matter of providing for the priority of interests in real property; or
 (iv) the matter of making a law that excludes or limits the operation of a State law, to the extent that the State law makes provision with respect to the creation, holding, transfer, assignment, disposal or forfeiture of a State statutory right; or
 (d) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only:
 (i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or
 (ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.