Document ID: chunk:federal_register_of_legislation:C2023C00356:section:56a
Version: federal_register_of_legislation:C2023C00356
Segment Type: section
Provision Reference: s 56A
Character Range: 57125–58258

56A  Constitutional safety net
 (1) If a provision of this Act:
 (a) would, apart from this subsection, 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; and
 (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 Act does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.