Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a provision of this Act:
(a) would, apart from this subsection, 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; and
(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 Act does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.