Document ID: chunk:federal_register_of_legislation:C2024C00557:section:18b:p1
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 18B (pt 1/3)
Character Range: 80277–82936

18B  Meaning of referring State

Reference of matters by State Parliament to Commonwealth Parliament
 (1) A State is a referring State if the Parliament of the State has referred the matters covered by subsections (3) and (4) in relation to the State 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 subsections (5) and (6).
 (2) A State is a referring State even if a law of the State provides that the reference to the Parliament of the Commonwealth of either or both of the matters covered by subsections (3) and (4) is to terminate in particular circumstances.

Reference covering initial provisions of this Act
 (3) This subsection covers the matters to which the referred provisions for the State in question relate to the extent of making laws with respect to those matters by including the referred provisions, as originally enacted by the Water Amendment Act 2008, in this Act.

Reference covering amendments of this Act
 (4) This subsection covers:
 (a) if the State in question is a Basin State—the referred subject matters; and
 (b) in any case—the matter of the application, in relation to water resources that are not Basin water resources, of provisions of this Act dealing with the subject matters specified in paragraphs (c) and (d) of the definition of referred subject matters in subsection (9) (being an application of a kind that is authorised by the law of the State in question);
to the extent of the making of laws with respect to those matters by making express amendments of this Act.

Effect of termination of reference
 (5) A State ceases to be a referring State if the State's initial reference terminates.
 (6) Subject to subsections (7) and (8), a State ceases to be a referring State if the State's amendment reference terminates.
 (7) A State does not cease to be a referring State because of the termination of its amendment reference if:
 (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
 (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and
 (c) that State's amendment reference, and the amendment reference