Commonwealth Numbered Acts

HELP TO BUY ACT 2024 (NO. 124, 2024) - SECT 35

When a State is a participating State

  (1)   For the purposes of this Act, a State is a participating State if, for the purposes of paragraph   51(xxxvii) of the Constitution, the Parliament of the State:

  (a)   refers the primary matters to the Commonwealth Parliament; and

  (b)   refers the residual matters to the Commonwealth Parliament; and

  (c)   refers the amendment matters to the Commonwealth Parliament.

  (2)   A State is also a participating State if, for the purposes of paragraph   51(xxxvii) of the Constitution, the Parliament of the State:

  (a)   adopts the primary version of this Act; and

  (b)   adopts the residual version of this Act; and

  (c)   refers the amendment matters to the Commonwealth Parliament.

  (3)   A State is a participating State under subsection   (1) or (2) even if the State's referral law, or another law of the State, provides that:

  (a)   a reference mentioned in subsection   (1) or (2) is to terminate in particular circumstances; or

  (b)   an adoption mentioned in subsection   (2) is to terminate in particular circumstances; or

  (c)   a reference mentioned in subsection   (1) or (2) has effect only:

  (i)   if, and to the extent that, the matters referred are 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 matters referred are included in the legislative powers of the Parliament of the State.

When a State stops being a participating State

  (4)   A State stops being a participating State if:

  (a)   in a case where the State is a participating State under subsection   (1)--a reference mentioned in that subsection terminates; or

  (b)   in a case where the State is a participating State under subsection   (2)--an adoption, or the reference, mentioned in that subsection terminates.