Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral meaning
(1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State has, before the registration commencement time:
(a) referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or
(b) both:
(i) adopted the relevant version of this Act; and
(ii) referred the matters covered by subsection (4) to the Commonwealth Parliament.
Note 1: For registration commencement time , see section 306.
Note 2: Subsections (5), (6) and (7) deal with when a State stops being a referring State .
(2) A State is a referring State even if the State's referral law provides that:
(a) the reference to the Commonwealth of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or
(b) the adoption of the relevant version of this Act is to terminate in particular circumstances; or
(c) any or all of the State's amendment references have not commenced in relation to a particular kind (or kinds) of personal property (or so commence at or after the registration commencement time); or
(d) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only:
(i) if, and to the extent that, the matter is not otherwise included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 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 relevant version of this Act
(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 relevant version of this Act.
(4) This subsection covers the referred PPS matters (as defined by section 245), to the extent of making laws with respect to those matters by making express amendments of this Act in relation to each of the following kinds of personal property:
(a) personal property (other than fixtures and water rights);
(b) fixtures;
(c) transferable water rights.
When a State stops being a referring State
(5) A State stops being a referring State if:
(a) in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)--that reference terminates; or
(b) in the case where the Parliament of the State has adopted the relevant version of this Act--the adoption terminates.
(6) A State also stops being a referring State if the State's amendment reference in relation to personal property (other than fixtures or water rights):
(a) terminates; or
(b) is qualified or restricted to any degree.
(7) However, a State does not stop being a referring State only because the State's amendment reference in relation to fixtures or transferable water rights (or each of them):
(a) terminates; or
(b) is qualified or restricted to any degree.
(8) In this section:
"amendment" includes the insertion, omission, repeal, substitution or relocation of words or matter.
"amendment reference" of a State means a reference by the Parliament of the State to the Parliament of the Commonwealth of the referred PPS matters in relation to personal property covered by paragraph (4)(a), (b) or (c).
"express amendment" means the direct amendment of this 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.
"referral law" , of a State, means the law of the State that refers the matters covered by subsection (4) to the Parliament of the Commonwealth.
"referred provisions" means the provisions of the relevant version of this Act, to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
"relevant version of this Act" means:
(a) if, at the time the State's referral law was enacted, this Act had not been enacted--this Act as originally enacted; or
(b) otherwise--this Act as originally enacted, and as amended:
(i) by the Personal Property Securities (Consequential Amendments) Act 2009 and the Personal Property Securities (Corporations and Other Amendments) Act 2010 ; or
(ii) by the Personal Property Securities (Consequential Amendments) Act 2009 , the Personal Property Securities (Corporations and Other Amendments) Act 2010 and the Personal Property Securities (Corporations and Other Amendments) Act 2011 ; or
(iii) from time to time, until the earliest time that any provision of the State's referral law commences.
"transferable water rights" , in relation to a State, means any water rights that are transferable under the general law or a law of the State by the holder of the right (whether or not the right is exclusive, and whether or not a transfer is restricted or requires consent).
"water rights" , in relation to a State, means any rights, entitlements or authorities, whether or not exclusive, that are granted by or under the general law or a law of the State in relation to the control, use or flow of water, but does not include any right, entitlement or authority that is:
(a) granted by or under a law of the State; and
(b) declared by that law not to be personal property for the purposes of this Act.