5AReference of matters concerning amendment of Commonwealth Act

5A Reference of matters concerning amendment of Commonwealth Act

5A Reference of matters concerning amendment of Commonwealth Act

(1) The mutual recognition matters are referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to those matters by making express amendments of the Commonwealth Act.

(2) The mutual recognition matters are—

(a) the matter of providing for individuals lawfully authorised to carry on an occupation in a State to carry on the occupation in another State, and

(b) the matter of providing for goods that may be sold lawfully in a State to be sold lawfully in another State, whether with or without the need to comply with some or all of the applicable legal requirements of the other State.

(3) However, subsection (2)(b) does not include the matter of providing for—

(a) an alteration of the process specified by the Commonwealth Act, section 47(2) and (3), as in force when this section commences, for making regulations amending the Commonwealth Act, Schedule 1 or 2, or

(b) the repeal or amendment of exemptions from the operation of the Commonwealth Act, Part 2, specified in the Commonwealth Act, Schedule 1 or 2.

(4) The operation of each of section 4(1) and subsection (1) is not affected by the other subsection.

(5) The reference of a matter under subsection (1) has effect only if and to the extent that—

(a) the matter is not included in the legislative powers of the Parliament of the Commonwealth otherwise than by a reference under the Constitution of the Commonwealth, section 51(xxxvii), and

(b) the matter is included in the legislative powers of the Parliament of the State.

(6) To avoid doubt, it is the intention of the Parliament of the State that the Commonwealth Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this section by—

(a) provisions of Commonwealth Acts the operation of which are based on legislative powers that the Parliament of the Commonwealth has apart from the reference under subsection (1), and

(b) provisions of instruments made or issued under the Commonwealth Act or under provisions referred to in paragraph (a).