South Australian Numbered Acts South Australian Numbered Acts (1) Subject to the
other provisions of this Act, the following matters are referred to the
Parliament of the Commonwealth:
(a) the
matters to which the initial referred provisions relate, but only to the
extent of the making of laws with respect to those matters by including the
initial referred provisions in the Commonwealth Fair Work Act, as originally
enacted, and as subsequently amended by amendments enacted at any time before
this Act commences, in the terms, or substantially in the terms, set out in
the scheduled text;
(b) the
referred subject matters, but only to the extent of making laws with respect
to any such matter by making express amendments of the Commonwealth
Fair Work Act;
(c) the
referred transition matters.
(2) 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.
(3) The operation of
each paragraph of subsection (1) is not affected by any other paragraph.
(4) For the avoidance
of doubt, it is the intention of the Parliament of the State that the
Commonwealth Fair Work Act may be expressly amended, or have its operation
otherwise affected, at any time after the commencement of this Act by
provisions of Commonwealth Acts whose operation is based on legislative powers
that the Parliament of the Commonwealth has apart from under the references
under subsection (1).
(5) Despite any other
provision of this section, a reference under subsection (1) has effect
for a period—
(a)
beginning when this section commences; and
(b)
ending at the end of the day fixed under section 7 as the day on which
the reference is to terminate,
but no longer.