Document ID: chunk:federal_register_of_legislation:C2024C00719:section:244:p1
Version: federal_register_of_legislation:C2024C00719
Segment Type: section
Provision Reference: s 244 (pt 1/3)
Character Range: 384969–387724

244  Meaning of referring State

General meaning
 (1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State has, before the registration commencement time:
 (a) referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or
 (b) both:
 (i) adopted the relevant version of this Act; and
 (ii) referred the matters covered by subsection (4) to the Commonwealth Parliament.
Note 1: For registration commencement time, see section 306.
Note 2: Subsections (5), (6) and (7) deal with when a State stops being a referring State.
 (2) A State is a referring State even if the State's referral law provides that:
 (a) the reference to the Commonwealth of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or
 (b) the adoption of the relevant version of this Act is to terminate in particular circumstances; or
 (c) any or all of the State's amendment references have not commenced in relation to a particular kind (or kinds) of personal property (or so commence at or after the registration commencement time); or
 (d) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only:
 (i) if, and to the extent that, the matter is not otherwise 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 matter is included in the legislative powers of the Parliament of the State.

Reference covering the relevant version of this Act
 (3) This subsection covers the matters to which the referred provisions relate, to the extent of making laws with respect to those matters by including the referred provisions in the relevant version of this Act.

Amendment references
 (4) This subsection covers the referred PPS matters (as defined by section 245), to the extent of making laws with respect to those matters by making express amendments of this Act in relation to each of the following kinds of personal property:
 (a) personal property (other than fixtures and water rights);
 (b) fixtures;
 (c) transferable water rights.

When a State stops being a referring State
 (5) A State stops being a referring State if:
 (a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)—that reference terminates; or
 (b) in the case where the Parliament of the State has adopted the relevant version of this Act—the adoption terminates.
 (6) A State also stops being a referring State if the State's amendment reference in relation to personal property (other than fixtures or water rights):
 (a)