Document ID: chunk:federal_register_of_legislation:C2013C00609:clause:2_95
Version: federal_register_of_legislation:C2013C00609
Segment Type: clause
Provision Reference: sch 2 cl 95
Character Range: 127619–129230

95  Subsections 244(1) and (2)
Repeal the subsections, substitute:

General meaning
 (1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State has, before the registration commencement time:
 (a) referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or
 (b) both:
 (i) adopted the relevant version of this Act; and
 (ii) referred the matters covered by subsection (4) to the Commonwealth Parliament.
Note 1: For registration commencement time, see section 306.
Note 2: Subsections (5), (6) and (7) deal with when a State stops being a referring State.
 (2) A State is a referring State even if the State's referral law provides that:
 (a) the reference to the Commonwealth 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 is to terminate in particular circumstances; or
 (c) any or all of the State's amendment references have not commenced in relation to a particular kind (or kinds) of personal property (or so commence at or after the registration commencement time); 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 otherwise included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 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.