14CWhat is a participating State?

14C 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) *text reference 1 (see subsection (2)); and (ii) *text reference 2 (see subsection (3)); and (iii) the *amendment reference (see subsection (4)); before the enactment of the Unexplained Wealth Legislation Amendment Act 2018; or (b) has, by its *adoption Act: (i) adopted *post‑amended version 1 of this Act (see subsection (5)); and (ii) adopted *post‑amended version 2 of this Act (see subsection (6)); and (iii) referred to the Commonwealth Parliament the amendment reference; after the enactment of the Unexplained Wealth Legislation Amendment Act 2018. Text reference 1 (2) Text reference 1 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre‑amended version of this Act otherwise relates. Text reference 2 (3) Text reference 2 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre‑amended version of this Act otherwise relates. Amendment reference (4) The amendment reference of a State means the matters relating to: (a) *unexplained wealth (see section 14D); and (b) *information gathering (see section 14E); to the extent of making laws with respect to those matters by making *express amendments of this Act. Post‑amended version 1 of this Act (5) Post‑amended version 1 of this Act, in relation to the *adoption Act of a State, means this Act as amended by: (a) *relevant law 1; and (b) any other *express amendments of this Act that: (i) were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and (ii) were not amendments of the *main machinery and transitional provisions (see subsection 14B(5)); to the extent that this Act as so amended is a law with respect to *text reference 1 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution. Post‑amended version 2 of this Act (6) Post‑amended version 2 of this Act, in relation to the *adoption Act of a State, means this Act as amended by: (a) *relevant law 2; and (b) any other *express amendments of this Act that: (i) were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and (ii) were amendments of the *main machinery and transitional provisions (see subsection 14B(5)); to the extent that this Act as so amended is a law with respect to *text reference 2 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution. Certain things do not affect a participating State’s status (7) 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 *text reference 1, *text reference 2 or the *amendment reference is to terminate in particular circumstances; or (b) the adoption of *post‑amended version 1 of this Act or *post‑amended version 2 of this Act is to terminate in particular circumstances; or (c) the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2‑6 that: (i) requires a person pay an amount otherwise than by order of a court; or (ii) requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or (d) the reference to the Commonwealth Parliament of text reference 1, text reference 2 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 under 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. When a State ceases to be a participating State (8) 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 *text reference 1 and *text reference 2—either or both of those references terminate; or (b) in the case where the Parliament of the State has adopted the *post‑amended version 1 of this Act and *post‑amended version 2 of this Act—either or both of those adoptions terminate. (9) A State ceases to be a participating State if: (a) the State’s referral of the *amendment reference terminates; and (b) subsection (10) does not apply to the termination. (10) A State does not cease to be a participating State because of the termination of its referral of the *amendment reference if: (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which 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 on which the proclamation is published; and (c) that State’s amendment reference, and the amendment reference of every other State, terminates on the same day. Other definitions (11) In this Act: