11Reading down provision in relation to the operation of sections 99 and 100 of the Constitution

11  Reading down provision in relation to the operation of sections 99 and 100 of the Constitution  (a) the operation of a provision of this Act, or of regulations or another instrument made under this Act, in reliance on the Commonwealth’s legislative powers under paragraph 51(i) or (xx) of the Constitution would be invalid because of section 99 or 100 of the Constitution; and  (b) the operation of that provision in reliance on another legislative power, or other legislative powers, of the Commonwealth would not be invalid because of section 99 or 100 of the Constitution; it is the intention of the Parliament that the provision operate in reliance on the legislative power or powers referred to in paragraph (b).  (2) Without limiting paragraph (1)(b), the reference in that paragraph to a legislative power of the Commonwealth includes a reference to a legislative power under a referral under paragraph 51(xxxvii) of the Constitution.  (a) a provision of this Act, or of regulations or another instrument made under this Act, operates in relation to trade or commerce; and  (b) the operation of the provision is invalid, under section 99 or 100 of the Constitution, in relation to trade or commerce between the States; it is the intention of the Parliament that the provision operate in relation to trade or commerce within the States.  (4) Subsections (1) and (3) may both operate in relation to the same provision of this Act, or of regulations or another instrument made under this Act and, if they do, subsection (1) is to be applied first and then subsection (3).  (5) This section does not affect the operation of section 15A of the Acts Interpretation Act 1901 in relation to the provisions of this Act or the regulations or other instruments made under this Act.