Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 100 - Preliminary  

SECTION 100.3   Constitutional basis for the operation of this Part  

Operation in a referring State

(1)  
The operation of this Part in a referring State is based on:


(a) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)); and


(b) the legislative powers that the Commonwealth Parliament has in respect of matters to which this Part relates because those matters are referred to it by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.

Note:

The State reference fully supplements the Commonwealth Parliament ' s other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.

Operation in a non-referring State

(2)  
The operation of this Part in a State that is not a referring State is based on the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).

Note:

Subsection 100.4(5) identifies particular powers that are being relied on.

Operation in a Territory

(3)  
The operation of this Part in the Northern Territory, the Australian Capital Territory or an external 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 that Territory; and


(b) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).

Despite subsection 22(3) of the Acts Interpretation Act 1901 , this Part as applying in those Territories is a law of the Commonwealth.

Operation outside Australia

(4)  
The operation of this Part outside Australia and the external Territories is based on:


(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and


(b) the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).




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