Document ID: chunk:federal_register_of_legislation:C2025C00127:section:35
Version: federal_register_of_legislation:C2025C00127
Segment Type: section
Provision Reference: s 35
Character Range: 34540–36408

35  Meaning of participating State

When a State is a participating State
 (1) For the purposes of this Act, a State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
 (a) refers the primary matters to the Commonwealth Parliament; and
 (b) refers the residual matters to the Commonwealth Parliament; and
 (c) refers the amendment matters to the Commonwealth Parliament.
 (2) A State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
 (a) adopts the primary version of this Act; and
 (b) adopts the residual version of this Act; and
 (c) refers the amendment matters to the Commonwealth Parliament.
 (3) A State is a participating State under subsection (1) or (2) even if the State's referral law, or another law of the State, provides that:
 (a) a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or
 (b) an adoption mentioned in subsection (2) is to terminate in particular circumstances; or
 (c) a reference mentioned in subsection (1) or (2) has effect only:
 (i) if, and to the extent that, the matters referred are not 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 matters referred are included in the legislative powers of the Parliament of the State.

When a State stops being a participating State
 (4) A State stops being a participating State if:
 (a) in a case where the State is a participating State under subsection (1)—a reference mentioned in that subsection terminates; or
 (b) in a case where the State is a participating State under subsection (2)—an adoption, or the reference, mentioned in that subsection terminates.