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SUPERANNUATION ADMINISTRATION CORPORATION (PILLAR) (AUTHORISED TRANSACTION) ACT 2016 - SECT 34
Construction of Act and instruments so as not to exceed legislative power
34 Construction of Act and instruments so as not to exceed legislative power
(1) Unless a contrary intention appears, if a provision of this Act or an
instrument made under this Act-- (a) would, apart from this section, have an
invalid application, but
(b) also has at least one valid application,
it is
the intention of the Parliament of New South Wales that the provision is not
to have the invalid application, but is to have every valid application.
(2)
Despite subsection (1), the provision is not to have a particular
valid application if-- (a) apart from this section, it is clear, taking into
account the provision's context and the purposes or objects underlying this
Act, that the provision was intended to have that valid application only if
every invalid application, or a particular invalid application, of the
provision had also been within the legislative power of the Parliament of New
South Wales, or
(b) the provision's operation in relation to that
valid application would be different in a substantial respect from what would
have been its operation in relation to that valid application if every
invalid application, or a particular invalid application, of the provision had
been within the legislative power of the Parliament of New South Wales.
(3)
Subsection (2) does not limit the cases in which a contrary intention may be
taken to appear for the purposes of subsection (1).
(4) This section is in
addition to, and not in derogation of, section 31 of the Interpretation Act
1987 .
(5) In this section--
"application" means an application in relation to-- (a) one or more particular
persons, things, matters, places, circumstances or cases, or
(b) one or more
classes (however defined or determined) of persons, things, matters, places,
circumstances or cases.
"invalid application" , in relation to a provision, means an application
because of which the provision exceeds the legislative power of the Parliament
of New South Wales.
"valid application" , in relation to a provision, means an application which,
if it were the provision's only application, would be within the legislative
power of the Parliament of New South Wales.
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