56AConstitutional safety net

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.