All of the States, apart from Western Australia, have now passed referral of powers legislation for the PPS scheme.

Under section 8(1)(k) of the PPS Act States and Territories can determine through their legislation that certain statutory licences are not personal property to which the PPS Act applies.

The Queensland, Victoria, NSW, the ACT and the Northern Territory have all passed consequential amendments (or ancillary provisions) bills.

In order to determine whether a State statutory interest is subject to the PPS Act you need to check the relevant State amendments bill.