NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 4 Constitutional basis for this Act and the Transitional Act

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 4

Application in a referring State

  (1)   The application of this Act and the Transitional Act in a referring State is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph   51(xxxvii)); and

  (b)   the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliament of the referring State under paragraph   51(xxxvii) of the Constitution.

Note:   For when this Act applies in a referring State, see subsections   8(1) and (2).

Application in a Territory

  (2)   The application of this Act and the Transitional Act in a Territory is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of a Territory; and

  (b)   the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite section   2H of the Acts Interpretation Act 1901 , this Act and the Transitional Act apply in the Territory as a law of the Commonwealth.

Note:   For when this Act applies in a Territory, see subsection   8(3).

Application in a non - referring State

  (3)   The application of this Act and the Transitional Act in a non - referring State is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under paragraph   51(xx) of the Constitution; and

  (b)   the legislative powers that the Commonwealth Parliament has under paragraph   51(xix) of the Constitution; and

  (c)   the legislative powers that the Commonwealth Parliament has under paragraph   51(i) of the Constitution; and

  (d)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of a Territory; and

  (e)   the other legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph   51(xx), 51(xix) or 51(i) or section   122).

Note:   This Act only applies to certain organisations in a non - referring State, see subsection   8(4).

Application outside Australia

  (4)   The operation of this Act and the Transitional Act outside Australia is based on:

  (a)   the legislative power the Commonwealth Parliament has under paragraph   51(xxix) of the Constitution; and

  (b)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of a Territory; and

  (c)   the other legislative powers that the Commonwealth Parliament has under the Constitution.

Note:   See also section   15.