Business Names Registration Act 2011

PART 1 - PRELIMINARY  

Division 3 - Constitutional basis and application of this Act and the Transitional Act  

SECTION 7   CONSTITUTIONAL BASIS FOR THIS ACT AND THE TRANSITIONAL ACT  
Application in a referring/adopting State

7(1)    
The application of this Act and the Transitional Act in a referring/adopting State is based on:

(a)    the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii) ); and

(b)    the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliament of the referring/adopting State under paragraph 51(xxxvii) of the Constitution.

Application in a Territory

7(2)    
The application of this Act and the Transitional Act in the affected Territories is based on:

(a)    the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of the Territory; and

(b)    the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite the Acts Interpretation Act 1901 , this Act and the Transitional Act as applying in the affected Territory are laws of the Commonwealth.

7(3)    
The operation of this Act and the Transitional Act outside Australia is based on:

(a)    the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

(b)    the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

(c)    the other legislative powers that the Commonwealth Parliament has under the Constitution.