22Subordinate instruments to be construed subject to legislative power of the State and to empowering Act

22 Subordinate instruments to be construed subject to legislative power of the State and to empowering Act (1) Every subordinate instrument shall be construed as operating to the full extent of, but so as not to exceed— (a) the legislative power of the State of Victoria; or (b) the power to make the subordinate instrument conferred by the Act under or pursuant to which it is made— to the intent that where a provision of a subordinate instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid provision to the extent to which it is not in excess of that power and the remainder of the subordinate instrument and the application of that provision to other persons, subject-matters or circumstances shall not be affected. (2) The provisions of this section are in addition to, and not in derogation of, any provision of a subordinate instrument or of the Act under or pursuant to which a subordinate instrument is made relating to the construction, or extent of the operation, of that subordinate instrument.