Business Names Registration Act 2011

PART 1 - PRELIMINARY  

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

SECTION 8   MEANING OF REFERRING/ADOPTING STATE  
Meaning of referring/adopting State

8(1)    
A State is a referring/adopting State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:

(a)    has referred the matters covered by subsections (3) and (4) to the Parliament of the Commonwealth; or

(b)    has:

(i) adopted the initial version of this Act and the initial version of the Transitional Act; and

(ii) referred the matters covered by subsection (4) to the Parliament of the Commonwealth.

8(2)    
A State is a referring/adopting State even if a law of the State provides that:

(a)    the reference to the Parliament of the Commonwealth of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or

(b)    the adoption of the initial version of this Act or the initial version of the Transitional Act is to terminate in particular circumstances; or

(c)    the reference to the Parliament of the Commonwealth of a matter covered by subsection (3) or (4) has effect only:

(i) 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 under section 51(xxxvii) of the Constitution); or

(ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

Reference covering the initial versions of this Act and the Transitional Act

8(3)    
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 version of this Act and the initial version of the Transitional Act.

Reference covering amendments of this Act or the Transitional Act

8(4)    
This subsection covers the referred business names matters to the extent of the making of laws with respect to those matters by making express amendments of this Act or the Transitional Act.

Effect of terminating reference or adoption of initial versions

8(5)    
A State ceases to be a referring/adopting State if:

(a)    in the case where the Parliament of the State has referred to the Parliament of the Commonwealth the matters covered by subsection (3) - that reference terminates; or

(b)    in the case where the Parliament of the State has adopted the initial version of this Act and the initial version of the Transitional Act - the adoption of the initial version of this Act or the initial version of the Transitional Act terminates.

Effect of terminating amendment reference

8(6)    
A State ceases to be a referring/adopting State if:

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

(b)    subsection (7) does not apply to the termination.

8(7)    
A State does not cease to be a referring/adopting 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.

Definitions

8(8)    
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 (4) .

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

initial version of the Transitional Act
means the Transitional Act as originally enacted.

initial version of this Act
means this Act as originally enacted.

referred business names matter
has the meaning given by section 9 .

referred provisions
means:

(a)    the initial version of this Act; and

(b)    the initial version of the Transitional Act;

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