Document ID: chunk:federal_register_of_legislation:C2017A00115:clause:1_57a
Version: federal_register_of_legislation:C2017A00115
Segment Type: clause
Provision Reference: sch 1 cl 57A
Character Range: 10184–11419

57A  Act not to apply so as to exceed Commonwealth power
 (1) If a provision of this Act, or of an instrument made under this Act:
 (a) would, apart from this section, have an application (an invalid application) in relation to:
 (i) one or more particular persons, things, matters, places, circumstances or cases; or
 (ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
  because of which the provision exceeds the Commonwealth's legislative power; but
 (b) also has at least one application (a valid application) in relation to:
 (i) one or more particular persons, things, matters, places, circumstances or cases; or
 (ii) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
  that, if it were the provision's only application, would be within the Commonwealth's legislative power;
it is the Parliament's intention that the provision is not to have the invalid application, but is to have every valid application.
 (2) This section applies to a provision of this Act, or of an instrument made under this Act, whether the provision is enacted or made before, on or after the commencement of this section.