Document ID: chunk:federal_register_of_legislation:C2024C00719:section:243
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 243
Character Range: 382697–384969

243  Constitutional basis for this Act

Operation in a referring State
 (1) It is the Commonwealth Parliament's intention that this Act should operate in a referring State to the extent that it can in accordance with:
 (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 because of a reference or adoption by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.
Note: For the meaning of referring State, see section 244.

Operation in a non‑referring State
 (2) It is the Commonwealth Parliament's intention that this Act should operate in a non‑referring State to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under section 51 of the Constitution (other than paragraph 51(xxxvii)), including (but not limited to) the powers relating to the matters mentioned in sections 246 to 250.

Operation in a Territory
 (3) It is the Commonwealth Parliament's intention that this Act should operate in a Territory to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under:
 (a) section 122 of the Constitution; and
 (b) section 51 of the Constitution (other than paragraph 51(xxxvii)).
Note: This Act extends to Norfolk Island, but only extends to other external Territories if regulations are made to provide for that extension (see section 7).
 (4) Despite subsection 22(3) of the Acts Interpretation Act 1901, this Act as applying in a Territory is a law of the Commonwealth.

Operation outside Australia
 (5) It is the Commonwealth Parliament's intention that this Act should operate outside Australia to the extent that it can in accordance with the Commonwealth Parliament's legislative powers under:
 (a) paragraph 51(xxix) of the Constitution; and
 (b) the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).
Note 1: For the application of Australian and foreign law in relation to a security interest, see section 6 and Part 7.2.
Note 2: For the relationship between this Act and other Australian laws, see Part 7.4.