7Meaning of non‑referring State

#### 7 Meaning of non‑referring State (1) A State is a non‑referring State if the State is not a referring State. > Note: For the meaning of referring State, see section 5. (2) A State is taken not to be a non‑referring State for the period mentioned in subsection (4) if the Minister determines, by legislative instrument, that the State is covered by this subsection. (3) The Minister may make a determination under subsection (2) in relation to a State if: (a) before the day this section commences, he or she has obtained the written agreement of the relevant Education Minister for the State; and (b) the written agreement requires, for the purposes of paragraph 51(xxxvii) of the Constitution, the relevant Education Minister for the State to introduce legislation into the Parliament of the State that: (i) adopts the relevant version of this Act and the relevant version of the Transitional Act; and (ii) refers the matter covered by subsection 5(5) to the Commonwealth Parliament. > Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply to a determination (see regulations made for the purposes of paragraph 44(2)(b) of that Act). (4) The period referred to in subsection (2) in relation to a State is the period beginning on the day this section commences and ending on the earlier of: (a) the day that the legislation passed by the Parliament of the State: (i) adopting the relevant version of this Act and the relevant version of the Transitional Act; and (ii) referring the matter covered by subsection 5(5) of this Act to the Commonwealth Parliament; comes into force; and (b) the last day of the 12 month period beginning on the day this section commences.