35Meaning of participating State

35 Meaning of participating State

When a State is a participating State (1) For the purposes of this Act, a State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: (a) refers the primary matters to the Commonwealth Parliament; and (b) refers the residual matters to the Commonwealth Parliament; and (c) refers the amendment matters to the Commonwealth Parliament. (2) A State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: (a) adopts the primary version of this Act; and (b) adopts the residual version of this Act; and (c) refers the amendment matters to the Commonwealth Parliament. (3) A State is a participating State under subsection (1) or (2) even if the State’s referral law, or another law of the State, provides that: (a) a reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or (b) an adoption mentioned in subsection (2) is to terminate in particular circumstances; or (c) a reference mentioned in subsection (1) or (2) has effect only: (i) if, and to the extent that, the matters referred are not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or (ii) if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State. When a State stops being a participating State (4) A State stops being a participating State if: (a) in a case where the State is a participating State under subsection (1)—a reference mentioned in that subsection terminates; or (b) in a case where the State is a participating State under subsection (2)—an adoption, or the reference, mentioned in that subsection terminates.