5Meaning of referring State

#### 5 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 (5) 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 (5) 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 (5) 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 a matter covered by subsection (3) or (5) 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. (4) A State stops being a referring State if: (a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)—that reference terminates; or (b) in the case where the Parliament of the State has adopted the relevant version of this Act and the relevant version of the Transitional Act—the adoption terminates. Amendment references (5) This subsection covers the referred VET matters to the extent of the making of laws with respect to those matters by making express amendments of this Act or the Transitional Act. (6) A State stops being a referring State if: (a) the State’s amendment reference terminates; and (b) subsection (7) does not apply to the termination. (7) A State does not cease to be a referring 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 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 the Proclamation is published; and (c) that State’s amendment reference, and the amendment reference of every other State, terminates on the same day. Definitions (8) In this section: > amendment reference, of a State, means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matter covered by subsection (5). > express amendment of this Act or the Transitional Act means the direct amendment of the text of this Act or the Transitional 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 or the Transitional Act. > referral law, of a State, means the Act of the State that refers the matter covered by subsection (5) to the Commonwealth Parliament. > referred provisions means: (a) the relevant version of this Act; and (b) the relevant version of the Transitional Act; to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States. > relevant version of the Transitional Act means the Transitional Act as originally enacted. > relevant version of this Act means: (a) if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or (b) otherwise—this Act as originally enacted, and as later amended by an Act that is enacted before the enactment of the State’s referral law. > State law means: (a) any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time; or (b) the general law, being the principles and rules of common law and equity to the extent that they have effect in the State from time to time.