4Reference of matters

4 Reference of matters

4 Reference of matters

(1) The following matters are referred to the Parliament of the Commonwealth—

(a) the matters to which the pre-assent version of the Commonwealth Proceeds of Crime Act would relate if express amendments were made to it in the terms, or substantially in the terms, of the text set out in Schedules 1 and 2 to this Act but excluding matters to which that version otherwise relates,

(b) the matters to which the pre-assent version of the Commonwealth Proceeds of Crime Act would relate if express amendments were made to it in the terms, or substantially in the terms, of the text set out in Schedule 3 to this Act but excluding matters to which that version otherwise relates,

(c) the matters relating to unexplained wealth (not including a matter excluded by subsection (2)) and to information gathering, but only to the extent of the making of laws with respect to those matters by making express amendments of the Commonwealth Proceeds of Crime Act.

(2) The following matters are excluded for the purposes of subsection (1) (c)—

(a) the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires a person to pay an amount otherwise than by order of a court,

(b) the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires or permits property to be restrained, forfeited or seized otherwise than by order of a court.

(3) The operation of each paragraph of subsection (1) is not affected by any other paragraph.

(4) The reference of a matter under subsection (1) 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.

(5) To avoid doubt, it is the intention of the Parliament of the State that—

(a) the Commonwealth Proceeds of Crime Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of subsection (1) by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsection (1), and