(1) If:
(a) apart from this subsection, this Part would operate so as to prevent or interfere with the exercise of the powers, or the performance of the functions or duties, of the government of a State; and
(b) that operation would be invalid because of the Constitution;
this Part does not so operate.
(2) If:
(a) apart from this subsection, this Part would operate so as to prevent or interfere with the exercise of the powers, or the performance of the functions or duties, of the government of the Australian Capital Territory or the Northern Territory; and
(b) that operation would be invalid because of the Constitution if it were assumed that the Territory were a State;
this Part does not so operate.