Unexplained Wealth (Commonwealth Powers) Act 2018

Participating State A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State—

has, by its *referral Act, referred to the Commonwealth Parliament—

*text reference 1 (see subsection (2)); and

*text reference 2 (see subsection (3)); and

the *amendment reference (see subsection (4));

has, by its *adoption Act—

adopted *post-amended version 1 of this Act (see subsection (5)); and

adopted *post-amended version 2 of this Act (see subsection (6)); and

referred to the Commonwealth Parliament the amendment reference;

Text reference 1 Text reference 1 of a State means the matters to which the *pre-amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre-amended version of this Act otherwise relates.

Text reference 2 Text reference 2 of a State means the matters to which the *pre-amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre-amended version of this Act otherwise relates.

Amendment reference The amendment reference of a State means the matters relating to—

*unexplained wealth (see section 14D); and

*information gathering (see section 14E);

Post-amended version 1 of this Act Post-amended version 1 of this Act, in relation to the *adoption Act of a State, means this Act as amended by—

*relevant law 1; and

any other *express amendments of this Act that—

were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and

were not amendments of the *main machinery and transitional provisions (see subsection 14B(5));

Post-amended version 2 of this Act Post-amended version 2 of this Act, in relation to the *adoption Act of a State, means this Act as amended by—

*relevant law 2; and

any other *express amendments of this Act that—

were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and

were amendments of the *main machinery and transitional provisions (see subsection 14B(5));

Certain things do not affect a participating State’s status A State is a participating State even if the State’s referral Act or adoption Act provides that—

the reference to the Commonwealth Parliament of *text reference 1, *text reference 2 or the *amendment reference is to terminate in particular circumstances; or

the adoption of *post-amended version 1 of this Act or *post-amended version 2 of this Act is to terminate in particular circumstances; or

the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2-6 that—

requires a person pay an amount otherwise than by order of a court; or

requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or

the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only—

if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or

if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

When a State ceases to be a participating State A State ceases to be a participating State if—

in the case where the Parliament of the State has referred to the Commonwealth Parliament *text reference 1 and *text reference 2—either or both of those references terminate; or

in the case where the Parliament of the State has adopted the *post-amended version 1 of this Act and *post-amended version 2 of this Act—either or both of those adoptions terminate.

A State ceases to be a participating State if—

the State’s referral of the *amendment reference terminates; and

subsection (10) does not apply to the termination.

A State does not cease to be a participating State because of the termination of its referral of the *amendment reference if—

the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.

Other definitions In this Act—

adopts *post-amended version 1 of this Act; and

adopts *post-amended version 2 of this Act; and

refers the *amendment reference to the Commonwealth Parliament.