Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.1 - PRELIMINARY  

SECTION 4   REFERRING STATES  

4(1)   Reference of matters by State Parliament to Commonwealth Parliament.  

A State is a referring State if the Parliament of the State has referred the matters covered by subsections (4) and (5) 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.

This subsection has effect subject to subsections (6) and (7).

4(2)   [ Industrial relations matters]  

A State is a referring State even if the State reference Act includes a provision to the effect that nothing in the State reference Act is intended to enable the making of laws pursuant to the amendment reference with the sole or main underlying purpose or object of regulating industrial relations matters even if, but for that provision in the State reference Act, the law would be a law with respect to a matter referred to the Parliament of the Commonwealth by the amendment reference.

4(3)   [ Law of State providing for termination of reference]  

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 (4) and (5) is to terminate in particular circumstances.

4(4)   Reference covering initial Corporations Act and ASIC Act.  

This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by including the referred provisions in the initial Corporations Act and the initial ASIC Act.

4(5)   Reference covering amendments of this Act and ASIC Act.  

This subsection covers the matters of the formation of corporations, corporate regulation and the regulation of financial products and services to the extent of the making of laws with respect to those matters by making express amendments of this Act or the ASIC Act.

4(6)   Effect of termination of reference.  

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

4(7)   [ Effect of termination of amendment reference]  

A State ceases to be a referring State if:

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

(b) subsection (8) does not apply to the termination.

4(8)   [ Effect of termination of amendment reference by every State]  

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.

4(9)   Definitions.  

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 (5).

express amendment
of this Act or the ASIC Act means the direct amendment of the text of this Act or the ASIC Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by Commonwealth Acts, 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 ASIC Act.

initial ASIC Act
means the ASIC Act as originally enacted.

initial Corporations Act
means this Act as originally enacted.

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 (4).

referred provisions
means:

(a) the initial Corporations Act; and

(b) the initial ASIC Act;

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

State reference Act
for a State is the law under which the initial reference and the amendment reference are given.