Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.