South Australian Numbered Acts South Australian Numbered Acts (1) 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 Water Act in the terms, or
substantially in the terms, set out in Schedule 1 of the tabled text; and
(b) the
referred subject-matters, but only to the extent of the making of laws with
respect to any such matter by making express amendments of the Commonwealth
Water Act.
(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 this State.
(3) The operation of
each paragraph of subsection (1) is not affected by the other paragraph.
(4) For the avoidance
of doubt, it is the intention of the Parliament of this State that—
(a) the
Commonwealth Water 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); and
(b) the
Commonwealth Water Act may at any time have its operation affected, otherwise
than by express amendment, at any time by provisions of Commonwealth Water Act
instruments.
(5) Despite any other
provision of this section, a reference under this section has effect for a
period—
(a)
beginning when this section commences; and
(b)
ending at the end of the day fixed under section 5 as the day on which
the reference is to terminate,
but no longer.