sch.1-sec.38Constitutional basis of provisions relating to withdrawn States

sch.1-sec.38 Constitutional basis of provisions relating to withdrawn States

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: the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or matters incidental to the execution of any of the legislative powers of the Parliament. For the purposes of subsection (1) , the provisions are: Division 3 of Part 2 ; and paragraph 25(3)(c); and 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to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and the provisions of the Housing Australia Act 2018 , to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State. (sch.1-sec.38-ssec.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: the executive power of the Commonwealth (including matters incidental to the execution of the executive power of the Commonwealth); or matters incidental to the execution of any of the legislative powers of the Parliament. (sch.1-sec.38-ssec.2) For the purposes of subsection (1) , the provisions are: Division 3 of Part 2 ; and paragraph 25(3)(c); and 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to the extent the other provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State; and the provisions of the Housing Australia Act 2018 , to the extent the provisions relate to Housing Australia performing its functions under this Act in relation to a withdrawn State.

• (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.
• (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.