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). > > > (7) Despite any other provision of this section, a reference under subsection (1) has effect for, but no longer than, the period— > > > > > (a) beginning when this section commences, and > > > > > (b) ending at the end of the day fixed under section 5B as the day on which the reference is to terminate. > > > (8) In this section— > > > > applicable legal requirements, in relation to goods that are sold, means requirements, prohibitions, restrictions or conditions imposed by or under law that apply to the goods or their sale. > > > > express amendment of the Commonwealth Act means the direct amendment of the text of that Act, whether by the insertion, omission, repeal, substitution or relocation of words or matter, by another Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the Commonwealth Act. > > > > goods means goods of any kind, and includes animals. > > > > lawfully authorised, in relation to carrying on an occupation, means to hold or have a licence, permit, certificate, registration or other form of qualification or authorisation required by or under law to carry on the occupation. > > > > occupation means an occupation, trade, profession or calling of any kind. > > > > sold includes— > > > > > (a) sold by wholesale or retail, and > > > > > (b) distribution for sale or have in possession for sale, and > > > > > (c) agree to sell, and > > > > > (d) barter, and > > > > > (e) expose or offer for sale, and > > > > > (f) supply by way of exchange, lease, hire or hire-purchase. > > > > State, when used in relation to a State other than New South Wales, includes a Territory. > > **ss 5A–5D:** Ins 2021 No 17, Sch 1\[3\].