8Reference of matters

8 Reference of matters

(1)  The referred PPS matters in relation to personal property (other than fixtures and water rights) are referred to the Parliament of the Commonwealth on the day on which this subsection commences, but only to the extent of the making of laws with respect to those matters in relation to property of that kind by making express amendments of the Commonwealth PPS Act.

(2)  The referred PPS matters in relation to fixtures are referred to the Parliament of the Commonwealth on the day on which this subsection commences, but only to the extent of the making of laws with respect to those matters in relation to fixtures by making express amendments of the Commonwealth PPS Act.

(3)  The referred PPS matters in relation to transferable water rights are referred to the Parliament of the Commonwealth on the day on which this subsection commences, but only to the extent of the making of laws with respect to those matters in relation to such water rights by making express amendments of the Commonwealth PPS Act.

(4)  Except as provided by subsection (1) , the operation of each of subsections (1) , (2) and (3) is not affected by the other subsections.

(5)  The reference of any matter under subsection (1) , (2) or (3) has effect only –

(a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth); and

(b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

(6)  Despite any other provision of this section, a reference under subsection (1) , (2) or (3) has effect for a period –

(a) beginning when the subsection under which the reference is made commences; and

(b) ending at the end of the day fixed under section 9 as the day on which the reference is to terminate –