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.