Document ID: chunk:federal_register_of_legislation:C2024C00826:section:18
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 18
Character Range: 85578–87619

18  Constitutional basis for this Act and the Transitional Act

Application in a referring State
 (1) The application of this Act and the Transitional Act in the referring States is based on:
 (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 an adoption by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.

Application in a Territory
 (2) The application of this Act and the Transitional Act in 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 legislative powers that the Commonwealth Parliament has under section 51 of the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act and the Transitional Act as applying in the Territory are laws of the Commonwealth.

Application outside Australia
 (3) The operation of this Act and the Transitional Act outside Australia is based on:
 (a) the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
 (b) the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution; and
 (c) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory.

Application in a non‑referring State
 (4) The application of this Act and the Transitional Act in a State that is not a referring 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 legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.