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).