Document ID: chunk:federal_register_of_legislation:C2025C00185:section:3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 3
Character Range: 36878–39015

3  Constitutional basis for this Act
 (1) The operation of this Act in the referring States 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 Act relates because those matters are referred to it by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.
Note: The State referrals fully supplement 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.
 (2) The operation of this Act in the Territories 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 those Territories; and
 (b) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act as applying in those Territories is a law of the Commonwealth.
 (3) The operation of this Act outside Australia is based on:
 (a) the legislative power 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; and
 (c) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of the external Territories.
 (4) The operation of this Act in a State that is not a referring State is based on:
 (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
 (b) the legislative powers that the Commonwealth Parliament has in respect of matters to which this Act relates because those matters are referred to it by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.