New South Wales Consolidated Acts

MUTUAL RECOGNITION (NEW SOUTH WALES) ACT 1992 - SECT 4

4 Enactment of uniform mutual recognition legislation

(1) The following matters, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, are referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act commences and ending on the day fixed under subsection (4) as the day on which the reference under this Act terminates, but not longer, namely, the matters to which the Schedule relates but only to the extent of:

(a) the enactment of an Act in the terms, or substantially in the terms, set out in the Schedule, and

(b) the amendment of that Act (other than the Schedules), but only in terms which are approved by the designated person for each of the then participating jurisdictions.

(2) For the purposes of this section, a "participating jurisdiction" is:

(a) a State for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth the matters mentioned in subsection (1), or that adopts the Commonwealth Act, under paragraph (xxxvii) of section 51 of the Commonwealth Constitution , or

(b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that requests the Parliament of the Commonwealth to enact the Commonwealth Act or that enables the Commonwealth Act to apply in relation to it.

(3) For the purposes of this section, the designated person for a State is the Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.

(4) The Governor may, at any time, fix by proclamation a day as the day on which the reference under this Act terminates.

(5) The day so fixed must be no earlier than the end of the period of 5 years commencing on the date of commencement of the Commonwealth Act.

(6) If some provisions of the Commonwealth Act commence before others, the reference in subsection (5) to the date of commencement of that Act is taken to be a reference to the commencement of the first provision or provisions to commence.