NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 18 Constitutional basis for this Act and the Transitional Act

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 18

Application in a referring State

  (1)   The application of this Act and the Transitional Act in the referring States 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 because of a reference or an adoption by the Parliaments of the referring States under paragraph   51(xxxvii) of the Constitution.

Application in a Territory

  (2)   The application of this Act and the Transitional Act in a 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 a Territory; and

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

Despite section   2H of the Acts Interpretation Act 1901 , this Act and the Transitional Act as applying in the Territory are laws of the Commonwealth.

Application outside Australia

  (3)   The operation of this Act and the Transitional Act outside Australia is based on:

  (a)   the legislative power 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; and

  (c)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of a Territory.

Application in a non - referring State

  (4)   The application of this Act and the Transitional Act in a State that is not a referring State is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   51 (other than paragraph   51(xxxvii)) and section   122 of the Constitution; and

  (b)   the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the referring States under paragraph   51(xxxvii) of the Constitution.