Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhat this section is about
(1) This section sets out the constitutional basis of the * national unexplained wealth provisions.
National unexplained wealth provisions
(2) The national unexplained wealth provisions are:
(a) the * main unexplained wealth provisions; and
(b) the * participating jurisdiction information gathering provisions; and
(c) the * unexplained wealth machinery and transitional provisions.
Main unexplained wealth provisions
(3) The main unexplained wealth provisions are:
(a) section 20A and Part 2 - 6; and
(b) the other provisions of this Act in so far as they relate to that section or that Part; and
(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Participating jurisdiction information gathering provisions
(4) The participating jurisdiction information gathering provisions are:
(a) section 14M and Schedule 1; and
(b) the other provisions of this Act in so far as they relate to that section or that Schedule; and
(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Unexplained wealth machinery and transitional provisions
(5) The unexplained wealth machinery and transitional provisions are:
(a) the following provisions (the main machinery and transitional provisions ):
(i) sections 14A to 14L and 14N;
(ii) the definitions of adoption Act , amendment reference , cooperating State , express amendment , information gathering , main machinery and transitional provisions , main unexplained wealth provisions , national unexplained wealth provisions , non - participating State , participating jurisdiction information gathering provisions , participating State , post - amended version 1 of this Act , post - amended version 2 of this Act , pre - amended version of this Act , referral Act , relevant law 1 , relevant law 2 , special confiscation law , text reference 1 , text reference 2 , unexplained wealth and unexplained wealth machinery and transitional provisions in section 338;
(iii) Schedule 2; and
(b) the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and
(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Application in participating States
(6) The application of the * national unexplained wealth provisions in a * participating State is based on:
(a) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and
(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.
Application in non - participating States
(7) The application of the * national unexplained wealth provisions (other than the * unexplained wealth machinery and transitional provisions) in 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.
(8) The application of the * unexplained wealth machinery and transitional provisions in a * non - participating State that:
(a) was a * participating State because it had referred to the Commonwealth Parliament:
(i) * text reference 1; and
(ii) * text reference 2; and
(iii) the * amendment reference; and
(b) ceased to be a participating State because it terminated either or both of the following:
(i) the referral of text reference 1;
(ii) the referral of the amendment reference; and
(c) has not terminated the referral of text reference 2;
is based on:
(d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and
(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.
(9) The application of the * unexplained wealth machinery and transitional provisions in a * non - participating State that:
(a) was a * participating State because it had:
(i) adopted * post - amended version 1 of this Act; and
(ii) adopted * post - amended version 2 of this Act; and
(iii) referred to the Commonwealth Parliament the * amendment reference; and
(b) ceased to be a participating State because it terminated either or both of the following:
(i) the adoption of post - amended version 1 of this Act;
(ii) the referral of the amendment reference; and
(c) has not terminated the adoption of post - amended version 2 of this Act;
is based on:
(d) the legislative powers that the Commonwealth Parliament has because of the adoption of post - amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and
(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.
(10) The application of the * unexplained wealth machinery and transitional provisions in a * non - participating State not covered by subsection (8) or (9) 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 self - governing Territory
(11) The application of the * national unexplained wealth provisions in a * self - governing 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 , the national unexplained wealth provisions as applying in a self - governing Territory are laws of the Commonwealth.
Application outside Australia
(12) The application of the * national unexplained wealth provisions outside * Australia is based on:
(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
(b) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and
(c) the other legislative powers that the Commonwealth Parliament has under the Constitution.