National Electricity (Queensland) Law
sch.2-sec.41BReliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
Start here
Get a plain-English read of sch.2-sec.41B
Turn the raw legal text into a practical explanation grounded in National Electricity (Queensland) Law.
sch.2-sec.41B Reliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law
A reliability instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made. If a provision of a reliability instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected. sch 2 s 41B ins 2019 No. 10 (SA) s 15 (2) (sch.2-sec.41B-ssec.1) A reliability instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made. (sch.2-sec.41B-ssec.2) If a provision of a reliability instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.
- (a) it is a valid provision to the extent to which it is not in excess of the power; and
- (b) the remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.