sch.2-sec.2Law to be construed not to exceed legislative power of Legislature

sch.2-sec.2 Law to be construed not to exceed legislative power of Legislature

This Law 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. If a provision of this Law, or the application of a provision of this Law 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— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. Without limiting subclause (2), this Law is not to be construed as imposing any duty on the Australian Competition Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term function is defined in clause 10 to include “duty”. In particular, if a provision of this Law appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body. To avoid doubt, a provision of this Law does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction. If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of this Law is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require). This clause does not limit the effect that a provision of this Law would validly have apart from this clause. sch 2 s 2 amd 2021 No. 3 (SA) s 54 (1) ; 2022 No. 21 (SA) s 89 (1) (sch.2-sec.2-ssec.1) This Law 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. (sch.2-sec.2-ssec.2) If a provision of this Law, or the application of a provision of this Law 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— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (sch.2-sec.2-ssec.3) Without limiting subclause (2), this Law is not to be construed as imposing any duty on the Australian Competition Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term function is defined in clause 10 to include “duty”. (sch.2-sec.2-ssec.4) In particular, if a provision of this Law appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body. (sch.2-sec.2-ssec.4a) To avoid doubt, a provision of this Law does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction. (sch.2-sec.2-ssec.4b) If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of this Law is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require). (sch.2-sec.2-ssec.5) This clause does not limit the effect that a provision of this Law would validly have apart from this clause.