Commonwealth Consolidated Acts Commonwealth Consolidated ActsStates that have referred text references 1 and 2
(1) A * non - participating State is a cooperating State if:
(a) an * express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4 - 3 (about sharing proceeds), was enacted; and
(b) before the amendment was enacted, the State was a * participating State; and
(c) after the amendment was enacted, the State 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
(d) the termination was effected by a proclamation that was made under the State's * referral Act for the purposes of this section; and
(e) the State has not terminated its referral of * text reference 2.
Note: Under Division 2 of Part 4 - 3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non - participating State that is a cooperating State is treated in the same way as a participating State.
States that have adopted the post - amended versions of this Act
(2) A * non - participating State is also a cooperating State if:
(a) an * express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4 - 3 (about sharing proceeds), was enacted; and
(b) before the amendment was enacted, the State was a * participating State; and
(c) after the amendment was enacted, the State 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
(d) the termination was effected by a proclamation that was made under the State's * adoption Act for the purposes of this section; and
(e) the State has not terminated its adoption of * post - amended version 2 of this Act.
(3) Despite subsections (1) and (2), a * non - participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State.
(4) The Minister may, by legislative instrument, declare that a State is not a * cooperating State.
(5) A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.