Document ID: chunk:federal_register_of_legislation:C2024C00461:section:4
Version: federal_register_of_legislation:C2024C00461
Segment Type: section
Provision Reference: s 4
Character Range: 38492–41050

4  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 a referring State is based on:
 (a) the legislative powers that the Commonwealth Parliament has under 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 Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.
Note: For when this Act applies in a referring State, see subsections 8(1) and (2).

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 other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act and the Transitional Act apply in the Territory as a law of the Commonwealth.
Note: For when this Act applies in a Territory, see subsection 8(3).

Application in a non‑referring State
 (3) The application of this Act and the Transitional Act in a non‑referring State is based on:
 (a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xx) of the Constitution; and
 (b) the legislative powers that the Commonwealth Parliament has under paragraph 51(xix) of the Constitution; and
 (c) the legislative powers that the Commonwealth Parliament has under paragraph 51(i) of the Constitution; and
 (d) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
 (e) the other legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xx), 51(xix) or 51(i) or section 122).
Note: This Act only applies to certain organisations in a non‑referring State, see subsection 8(4).

Application outside Australia
 (4) 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 legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
 (c) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Note: See also section 15.