5Application of this Act to States

#### 5 Application of this Act to States (1) This Act applies to a State, but only while it is a participating jurisdiction. (2) Accordingly, a reference in this Act to a State is a reference to a State that is a participating jurisdiction. Effect of amendments to this Act on pre‑adoption States (3) Despite subsections (1) and (2), the amendments of this Act made by the Mutual Recognition Amendment Act 2021 do not apply to a pre‑adoption State. > Note: Two versions of this Act will apply in Australia unless all States refer or adopt this Act as amended by the Mutual Recognition Amendment Act 2021. > Note: The amended version of this Act applies in the Australian Capital Territory, the Northern Territory and any State that, before those amendments commence, refers power to the Commonwealth under paragraph 51(xxxvii) of the Commonwealth Constitution to enact the amendments made by the Mutual Recognition Amendment Act 2021. > Note: The unamended version of this Act continues to apply to any pre‑adoption State unless that State adopts those amendments. Definition of participating jurisdiction (4) A participating jurisdiction is: (a) a State (other than a Territory) for which there is in force an Act of its Parliament that, for the purposes of paragraph 51(xxxvii) of the Commonwealth Constitution: (i) refers to the Parliament of the Commonwealth the power to enact this Act as originally enacted; or (ii) adopts this Act as originally enacted, whether with or without subsequent amendments; or (b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that: (i) requests the Parliament of the Commonwealth to enact this Act as originally enacted; or (ii) enables this Act as originally enacted, whether with or without subsequent amendments, to apply in relation to the Territory.