(1) The following matters are referred to the Parliament of the Commonwealth:
(a) the matters to which the referred provisions relate, but only to the
extent of the making of laws with respect to those matters by including the
referred provisions in the Commonwealth Criminal Code in the terms, or
substantially in the terms, of the text set out in Schedule 1, and
(b) the
matter of terrorist acts, and actions relating to terrorist acts, but only to
the extent of the making of laws with respect to that matter by making express
amendments of the terrorism legislation or the criminal responsibility
legislation.
(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 the other paragraph.
(4)
For the avoidance of doubt, it is the intention of the Parliament of the State
that:
(a) the terrorism legislation or the criminal responsibility legislation
may be expressly amended, or have its operation otherwise affected, at any
time after the commencement of this Act by provisions of Commonwealth Acts the
operation of which is based on legislative powers that the Parliament of the
Commonwealth has apart from under the references, and
(b) the terrorism
legislation or the criminal responsibility legislation may have its operation
affected, otherwise than by express amendment, at any time after the
commencement of this Act by provisions of instruments authorised by that
legislation.
(5) Despite any other provision of this section, the references
have effect for a period:
(a) beginning on the day on which this Act
commences, and
(b) ending on the day fixed, pursuant to section 5, as the day
on which the references under this Act are to terminate,