Document ID: chunk:federal_register_of_legislation:C2024C00826:section:21
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 21
Character Range: 94366–96074

21  General application of this Act and the Transitional Act

Application in this jurisdiction
 (1) Each provision of this Act and the Transitional Act applies in this jurisdiction.

Geographical coverage of "this jurisdiction"
 (2) This jurisdiction means the geographical area that consists of:
 (a) each referring State (including its coastal sea); and
 (b) each Territory (including its coastal sea).
 (3) Throughout this Act and the Transitional Act, this jurisdiction therefore consists of either:
 (a) if all of the States are referring States—the whole of Australia; or
 (b) if one or more States are not referring States—Australia (other than any State that is not a referring State).

Application outside this jurisdiction
 (4) Subject to subsection (5), each provision of this Act and the Transitional Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.

Application in non‑referring States
 (5) This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).

Residence, place of formation etc.
 (6) Each provision of this Act and the Transitional Act applies, according to its tenor, to:
 (a) natural persons whether:
 (i) resident in this jurisdiction or not; and
 (ii) resident in Australia or not; and
 (iii) Australian citizens or not; and
 (b) all bodies corporate and unincorporated bodies whether:
 (i) formed or carrying on a business in this jurisdiction or not; and
 (ii) formed or carrying on a business in Australia or not.