sch.1-sec.35Meaning of participating State

sch.1-sec.35 Meaning of participating State

When a State is a participating State 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: refers the primary matters to the Commonwealth Parliament; and refers the residual matters to the Commonwealth Parliament; and refers the amendment matters to the Commonwealth Parliament. A State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: adopts the primary version of this Act; and adopts the residual version of this Act; and refers the amendment matters to the Commonwealth Parliament. 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 reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or an adoption mentioned in subsection (2) is to terminate in particular circumstances; or a reference mentioned in subsection (1) or (2) has effect only: 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 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 A State stops being a participating State if: in a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or in a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates. (sch.1-sec.35-ssec) When a State is a participating State (sch.1-sec.35-ssec.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: refers the primary matters to the Commonwealth Parliament; and refers the residual matters to the Commonwealth Parliament; and refers the amendment matters to the Commonwealth Parliament. (sch.1-sec.35-ssec.2) A State is also a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: adopts the primary version of this Act; and adopts the residual version of this Act; and refers the amendment matters to the Commonwealth Parliament. (sch.1-sec.35-ssec.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 reference mentioned in subsection (1) or (2) is to terminate in particular circumstances; or an adoption mentioned in subsection (2) is to terminate in particular circumstances; or a reference mentioned in subsection (1) or (2) has effect only: 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 if, and to the extent that, the matters referred are included in the legislative powers of the Parliament of the State. (sch.1-sec.35-ssec-oc.2) When a State stops being a participating State (sch.1-sec.35-ssec.4) A State stops being a participating State if: in a case where the State is a participating State under subsection (1) —a reference mentioned in that subsection terminates; or in a case where the State is a participating State under subsection (2) —an adoption, or the reference, mentioned in that subsection terminates.