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

An Act to adopt the National Redress Act, 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, and to amend the Victims of Crime Assistance Act 2009 for particular purposes The Parliament of Queensland enacts—

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 a Commonwealth Act enacted in the terms, or substantially in the terms, of the scheduled text and 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. scheduled text means the text of the Bill for a Commonwealth Act, as set out in schedule 1.

Part 2 Adoption and reference of matters

3 Adoption and references (1) The National Redress Act is adopted, within the meaning of section 51(xxxvii) of the Commonwealth Constitution, to the extent that the matters in the National Redress Act are within the legislative powers of the Parliament of the State. (2) Matters relating to a redress scheme for institutional child sexual abuse are, except as provided by sections 7 and 8, referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the National Redress Act. (3) The operation of each of subsections (1) and (2) is not affected by the other subsection. (4) 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. (5) 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 end of the day fixed under section 7 as the day on which the adoption or reference is to terminate; but no longer.