Commonwealth Numbered Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 (NO. 134, 2009) - SECT 19

Reference of matters by State Parliament to Commonwealth Parliament

             (1)  A State is a referring State if the Parliament of the State has referred the matters covered by subsections (3) and (4) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:

                     (a)  if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and

                     (b)  if and to the extent to which the matters are included in the legislative powers of the Parliament of the State.

             (2)  A State is a referring State even if a law of the State provides that the reference to the Commonwealth Parliament of either or both of the matters covered by subsections (3) and (4) is to terminate in particular circumstances.

Reference covering initial National Credit Act and initial Transitional Act

             (3)  This subsection covers the matters to which the referred provisions relate to the extent of the making of laws with respect to those matters by including the referred provisions in the initial National Credit Act and the initial Transitional Act.

Reference covering amendments of this Act or the Transitional Act

             (4)  This subsection covers the referred credit matters (see section 20) to the extent of the making of laws with respect to those matters by making express amendments of this Act or the Transitional Act.

Effect of termination of reference

             (5)  A State ceases to be a referring State if the State's initial reference terminates.

             (6)  A State ceases to be a referring State if:

                     (a)  the State's amendment reference terminates; and

                     (b)  subsection (7) does not apply to the termination.

             (7)  A State does not cease to be a referring State because of the termination of its amendment reference if:

                     (a)  the termination is effected by the Governor of that State fixing a day by Proclamation as the day on which the reference terminates; and

                     (b)  the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the Proclamation is published; and

                     (c)  that State's amendment reference, and the amendment reference of every other State, terminates on the same day.

Definitions

             (8)  In this section:

"amendment reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (4).

"express amendment" of this Act or the Transitional Act means the direct amendment of the text of this Act or the Transitional Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act or the Transitional Act.

"initial reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (3).

"referred provisions" means:

                     (a)  the initial National Credit Act; and

                     (b)  the initial Transitional Act;

to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.