General application of this Act and the Transitional Act
21 General application of this Act and the Transitional Act
Application in this jurisdiction
Each provision of this Act and the Transitional Act applies in this jurisdiction.
Geographical coverage of “this jurisdiction”
This jurisdiction means the geographical area that consists of:
each referring State (including its coastal sea); and
each Territory (including its coastal sea).
Throughout this Act and the Transitional Act, this jurisdiction therefore consists of either:
if all of the States are referring States—the whole of Australia; or
if one or more States are not referring States—Australia (other than any State that is not a referring State).
Application outside this jurisdiction
Subject to subsection (5), each provision of this Act and the Transitional Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.
Application in non‑referring States
This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).
Residence, place of formation etc.
Each provision of this Act and the Transitional Act applies, according to its tenor, to:
natural persons whether:
resident in this jurisdiction or not; and
resident in Australia or not; and
Australian citizens or not; and
all bodies corporate and unincorporated bodies whether:
formed or carrying on a business in this jurisdiction or not; and
formed or carrying on a business in Australia or not.
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