TERRORISM (COMMONWEALTH POWERS) ACT 2002 - SECT 4

TERRORISM (COMMONWEALTH POWERS) ACT 2002 - SECT 4

4—Reference of matters

        (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 the Schedule; 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,

but no longer.