Document ID: chunk:federal_register_of_legislation:C2004A01125:clause:1_1:p3
Version: federal_register_of_legislation:C2004A01125
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/13)
Character Range: 7180–10134

to which they deal with matters that are included in the legislative powers of the Parliaments of the States.

100.3  Constitutional basis for the operation of this Part

Operation in a referring State

 (1) The operation of this Part in a referring State 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 in respect of matters to which this Part relates because those matters are referred to it by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.

Note: The State reference fully supplements the Commonwealth Parliament's other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.

Operation in a non‑referring State

 (2) The operation of this Part in a State that is not a referring State is based on the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).

Note: Subsection 100.4(5) identifies particular powers that are being relied on.

Operation in a Territory

 (3) The operation of this Part in the Northern Territory, the Australian Capital Territory or an external 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 that Territory; and
 (b) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).
Despite subsection 22(3) of the Acts Interpretation Act 1901, this Part as applying in those Territories is a law of the Commonwealth.

Operation outside Australia

 (4) The operation of this Part outside Australia and the external Territories is based on:
 (a) the legislative powers that 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 (other than paragraph 51(xxxvii)).

100.4  Application of provisions

Part generally applies to all terrorist acts and preliminary acts

 (1) Subject to subsection (4), this Part applies to the following conduct:
 (a) all actions or threats of action that constitute terrorist acts (no matter where the action occurs, the threat is made or the action, if carried out, would occur);
 (b) all actions (preliminary acts) that relate to terrorist acts but do not themselves constitute terrorist acts (no matter where the preliminary acts occur and no matter where the terrorist acts to which they relate occur or would occur).

Note: See the following provisions:

(a) subsection 101.1(2);

(b) subsection 101.2(4);

(c) subsection 101.4(4);

(d) subsection 101.5(4);

(e)