Constitutional basis for this Act
174 Constitutional basis for this Act
What this section is about
This section sets out the constitutional basis of this Act.
Application in a participating State
The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a participating State is based on:
the legislative powers that the Commonwealth Parliament has under the Constitution (other than paragraph 51(xxxvii)); and
the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States for the purposes of paragraph 51(xxxvii) of the Constitution.
Application in a non‑participating State
The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a non‑participating State is based on:
the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
the other legislative powers that the Commonwealth Parliament has under the Constitution.
Application in a Territory
The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred inside a Territory is based on:
the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
the other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act as applying in the Territory is a law of the Commonwealth.
Application outside Australia
The application of this Act in relation to sexual abuse, and any related non‑sexual abuse, of a person that occurred outside Australia is based on:
the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
the other legislative powers that the Commonwealth Parliament has under the Constitution.
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