57AAct not to apply so as to exceed Commonwealth power

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.