38Constitutional basis of provisions relating to withdrawn States

38 Constitutional basis of provisions relating to withdrawn States

(1) The provisions mentioned in subsection (2) rely on the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii) of the Constitution), including the legislative power that the Parliament has under the Constitution with respect to: (a) the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or (b) matters incidental to the execution of any of the legislative powers of the Parliament. (2) For the purposes of subsection (1), the provisions are: (a) Division 3 of Part 2; and (b) paragraph 25(3)(c); and (c) the other provisions of this Act, to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and (d) the provisions of the Housing Australia Act 2018, to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.