19Meaning of referring State

19  Meaning of referring State

Meaning of referring State

 (1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:

 (a) has referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or

 (b) has:

 (i) adopted the relevant version of this Act and the relevant version of the Transitional Act; and

 (ii) referred the matter covered by subsection (4) to the Commonwealth Parliament.

 (2) A State is a referring State even if the State’s referral law provides that:

 (a) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or

 (b) the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or

 (c) the reference to the Commonwealth Parliament of the matter covered by subsection (4) does not include:

 (i) the matter of making provision with respect to the imposition or payment of State taxes, duties, charges or other imposts, however described; or

 (ii) the matter of making provision with respect to the general system for the recording of estates or interests in land and related information; or

 (iii) the matter of providing for the priority of interests in real property; or

 (iv) the matter of making a law that excludes or limits the operation of a State law, to the extent that the State law makes provision with respect to the creation, holding, transfer, assignment, disposal or forfeiture of a State statutory right; or

 (d) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only:

 (i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or

 (ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

Reference covering the relevant versions of this Act and the Transitional Act

 (3) This subsection covers the matters to which the referred provisions relate to the extent of the making of laws with respect to those matters by including the referred provisions in the relevant version of this Act and the relevant version of the Transitional Act.

Reference covering amendments of this Act or the Transitional Act

 (4) This subsection covers a referred credit matter (see section 20) to the extent of the making of laws with respect to that matter by making express amendments of this Act or the Transitional Act.