Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhat this section is about
(1) This section sets out the constitutional basis of this Act.
Application in a participating State
(2) The application of this Act in relation to sexual abuse, and any related non - sexual abuse, of a person that occurred inside a participating 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 Parliaments of the participating States for the purposes of paragraph 51(xxxvii) of the Constitution.
Application in a non - participating State
(3) The application of this Act in relation to sexual abuse, and any related non - sexual abuse, of a person that occurred inside a non - participating State is based on:
(a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Application in a Territory
(4) The application of this Act in relation to sexual abuse, and any related non - sexual abuse, of a person that occurred inside a Territory 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 a Territory; and
(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the Acts Interpretation Act 1901 , this Act as applying in the Territory is a law of the Commonwealth.
Application outside Australia
(5) The application of this Act in relation to sexual abuse, and any related non - sexual abuse, of a person that occurred 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.