National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 (Qld)

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018

An Act to adopt the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth), and to refer certain matters relating to the National Redress Scheme for Institutional Child Sexual Abuse to the Parliament of the Commonwealth, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution

Part 1 Preliminary

1 Short title This Act may be cited as the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.

2 Definitions In this Act— adoption means the adoption under section 3(1). amendment reference means the reference under section 3(2). express amendment of the National Redress Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the National Redress Act. National Redress Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) as in force from time to time. National redress scheme means the National Redress Scheme for Institutional Child Sexual Abuse as established by the National Redress Act and as in force from time to time.

Part 2 Adoption and reference of matters

3 Adoption and references (1) The relevant version of the National Redress Act is adopted within the meaning of section 51(xxxvii) of the Commonwealth Constitution. (2) Matters relating to a redress scheme for institutional child sexual abuse are, except as provided by sections 5 and 6, referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by making express amendments of the National Redress Act. (3) The reference of a matter under subsection (2) has effect only— (a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under section 51(xxxvii) of the Constitution of the Commonwealth); and (b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State. (4) Despite any provision of this Act other than section 8(2), the adoption under subsection (1) or the reference under subsection (2) has effect for a period— (a) beginning when the subsection under which the adoption or reference is made commences; and (b) ending at the beginning of the day fixed under section 7 as the day on which the adoption or reference is to terminate; but no longer. (5) In this section— relevant version of the National Redress Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) as originally enacted and as subsequently amended by any amendments enacted by the Parliament of the Commonwealth at any time before the commencement of this Act.