Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 24

Severability

             (1)  Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.

             (2)  To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.

Quarantine power

             (3)  This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to quarantine (within the meaning of paragraph 51(ix) of the Constitution).

External affairs power

             (4)  This Act has the effect it would have if its operation were expressly confined to give effect to Australia's rights and obligations under an agreement with one or more countries.

Note:          This subsection is subject to section 26 (application of this Act in relation to invasive pests).

             (5)  This Act has the effect it would have if its operation were expressly confined to acts or omissions that occur beyond the limits of the States and Territories.

             (6)  This Act has the effect it would have if its operation were expressly confined to matters that are of international concern.

Trade and commerce power

             (7)  This Act has the effect it would have if its operation were expressly confined to acts or omissions occurring in the course of constitutional trade and commerce.

             (8)  This Act has the effect it would have if references to goods and conveyances were expressly confined to references to goods and conveyances involved in constitutional trade and commerce.

Fisheries power

             (9)  This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, that affects fisheries in Australian waters beyond territorial limits (within the meaning of paragraph 51(x) of the Constitution).

Aliens power

           (10)  This Act has the effect it would have if its operation were expressly confined to:

                     (a)  exercising a power or performing a function that affects an alien (within the meaning of paragraph 51(xix) of the Constitution); or

                     (b)  conferring a right or imposing an obligation on such an alien.

Corporations power

           (11)  This Act has the effect it would have if its operation were expressly confined to:

                     (a)  exercising a power or performing a function that affects a person that is a corporation to which paragraph 51(xx) of the Constitution applies; or

                     (b)  conferring a right or imposing an obligation on such a person.

Territories and Commonwealth places power

           (12)  This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to a person or thing in:

                     (a)  a Territory; or

                     (b)  a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ).

Postal power

           (13)  This Act has the effect it would have if its operation were expressly confined to acts using postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution).

Sickness benefits power

           (14)  This Act has the effect it would have if its operation were expressly confined to the provision of sickness and hospital benefits, and medical services (but not so as to authorise any form of civil conscription) (within the meaning of paragraph 51(xxiiiA) of the Constitution).

Census and statistics power

           (15)  This Act has the effect it would have if its operation were expressly confined to a requirement to answer a question or provide information (whether in a notice, a report or otherwise) for purposes relating to census and statistics (within the meaning of paragraph 51(xi) of the Constitution).



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