144What is a participating State?

144  What is a participating State? Participating State  (1) A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:  (a) has, by its referral Act, referred to the Commonwealth Parliament:  (i) the text reference (see subsection (2)); and  (ii) the amendment reference (see subsection (3));   before the enactment of this Act; or  (b) has, by its adoption Act:  (i) adopted the relevant version of this Act; and  (ii) referred to the Commonwealth Parliament the amendment reference;   after the enactment of this Act. Text reference  (2) Text reference means the matters to which the initial referred provisions relate, to the extent of making laws with respect to those matters by including the initial referred provisions in the original version of this Act. Amendment reference  (3) Amendment reference means the referred national redress scheme matters (as defined in section 145), to the extent of making laws with respect to those matters by making express amendments of this Act. Certain things do not affect participating State’s status  (4) A State is a participating State even if the State’s referral Act or adoption Act provides that:  (a) the reference to the Commonwealth Parliament of the text reference or the amendment reference is to terminate in particular circumstances; or  (b) the adoption of the relevant version of this Act is to terminate in particular circumstances; or  (c) the reference to the Commonwealth Parliament of the text reference or the amendment reference 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 for the purposes of paragraph 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. Timeframe for becoming a participating State  (5) A State is not a participating State if it has not become a participating State before the second anniversary of the scheme start day or a later day prescribed by the rules. When a State ceases to be a participating State  (6) A State ceases to be a participating State if:  (a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the text reference—that reference terminates; or  (b) in the case where the Parliament of the State has adopted the relevant version of this Act—that adoption terminates.  (7) A State ceases to be a participating State if:  (a) the State’s amendment reference terminates; and  (b) subsection (8) does not apply to the termination.  (8) A State does not cease to be a participating State because of the termination of its amendment reference if:  (a) the termination is effected by the Governor of that State fixing a day by Proclamation as the day on which the reference terminates; and  (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the Proclamation is published; and  (c) that State’s amendment reference, and the amendment reference of every other participating State, terminates on the same day. Definitions  (9) In this Act: adoption Act, of a State, means the Act of the State that adopts the relevant version of this Act and refers the amendment reference to the Commonwealth Parliament. express amendment of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a 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 this Act. initial referred provisions means the original version of this Act, to the extent to which it deals with matters that are included in the legislative powers of the Parliament of the State. original version of this Act means this Act as originally enacted. referral Act, of a State, means the Act of the State that refers the text reference and the amendment reference to the Commonwealth Parliament. relevant version of this Act, in relation to a State’s adoption Act, means the original version of this Act and as subsequently amended by amendments enacted at any time before the enactment of the State’s adoption Act.