Commonwealth Consolidated Acts

AUSTRALIAN BORDER FORCE ACT 2015 - SECT 57A

  (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.