LEGISLATION ACT 2001 - SECT 120 Act to be interpreted not to exceed legislative powers of Assembly

LEGISLATION ACT 2001 - SECT 120

    (1)     An Act is to be interpreted as operating to the full extent of, but not to exceed, the legislative power of the Legislative Assembly.

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

        (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 matter would, apart from this section, be interpreted as exceeding power, the provision's application to other matters is not affected.

    (4)     This section is in addition to any provision of the Act itself.

Note     For the equivalent provision for statutory instruments, see s 43.

    (5)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.