Queensland Consolidated Acts

ACTS INTERPRETATION ACT 1954 - SECT 9

9 Interpretation of Act in relation to Parliament’s legislative power

(1) An Act is to be interpreted as operating—

(a) to the full extent of, but not to exceed, Parliament’s legislative power; and

(b) distributively.

(1A) Without limiting subsection (1) (a) , it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth) , section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth) , section 4 .

(1B) Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3 .

(2) Without limiting subsection (1) , if a provision of an Act would, apart from this section, be interpreted as exceeding power—

(a) the provision is valid to the extent to which it does not exceed power; and

(b) the remainder of the Act is not affected.

(3) Without limiting subsection (1) , if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected.

(4) This section applies to an Act in addition to, and without limiting, any provision of the Act .