Document ID: chunk:federal_register_of_legislation:C2025C00034:section:14b:p2
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 14B (pt 2/3)
Character Range: 44253–47271

*national unexplained wealth provisions (other than the *unexplained wealth machinery and transitional provisions) in 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.
 (8) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that:
 (a) was a *participating State because it had referred to the Commonwealth Parliament:
 (i) *text reference 1; and
 (ii) *text reference 2; and
 (iii) the *amendment reference; and
 (b) ceased to be a participating State because it terminated either or both of the following:
 (i) the referral of text reference 1;
 (ii) the referral of the amendment reference; and
 (c) has not terminated the referral of text reference 2;
is based on:
 (d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and
 (e) the other legislative powers that the Commonwealth Parliament has under the Constitution.
 (9) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that:
 (a) was a *participating State because it had:
 (i) adopted *post‑amended version 1 of this Act; and
 (ii) adopted *post‑amended version 2 of this Act; and
 (iii) referred to the Commonwealth Parliament the *amendment reference; and
 (b) ceased to be a participating State because it terminated either or both of the following:
 (i) the adoption of post‑amended version 1 of this Act;
 (ii) the referral of the amendment reference; and
 (c) has not terminated the adoption of post‑amended version 2 of this Act;
is based on:
 (d) the legislative powers that the Commonwealth Parliament has because of the adoption of post‑amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and
 (e) the other legislative powers that the Commonwealth Parliament has under the Constitution.
 (10) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State not covered by subsection (8) or (9) 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 self‑governing Territory
 (11) The application of the *national unexplained wealth provisions in a *self‑governing 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