Document ID: chunk:federal_register_of_legislation:C2004A01125:clause:1_1:p2
Version: federal_register_of_legislation:C2004A01125
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/13)
Character Range: 4815–7419

or by, an essential public utility; or
 (vi) a system used for, or by, a transport system.

 (3) Action falls within this subsection if it:
 (a) is advocacy, protest, dissent or industrial action; and
 (b) is not intended:
 (i) to cause serious harm that is physical harm to a person; or
 (ii) to cause a person's death; or
 (iii) to endanger the life of a person, other than the person taking the action; or
 (iv) to create a serious risk to the health or safety of the public or a section of the public.

 (4) In this Division:
 (a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and
 (b) a reference to the public includes a reference to the public of a country other than Australia.

100.2  Referring States

 (1) A State is a referring State if the Parliament of the State has referred the matters covered by subsections (2) and (3) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:
 (a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and
 (b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.
This subsection has effect subject to subsection (5).

 (2) 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 this Code.

 (3) This subsection covers the matter of terrorist acts, and of actions relating to terrorist acts, to the extent of making laws with respect to that matter by making express amendment of this Part or Chapter 2.

 (4) A State is a referring State even if a law of the State provides that the reference to the Commonwealth Parliament of either or both of the matters covered by subsections (2) and (3) is to terminate in particular circumstances.

 (5) A State ceases to be a referring State if a reference by the State of either or both of the matters covered by subsections (2) and (3) terminate.

 (6) In this section:

referred provisions means the provisions of Part 5.3 of this Code as inserted by the Criminal Code Amendment (Terrorism) Act 2002, to the extent 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