Past acts

(1)

For the purposes of this section, a past act is an act or thing that was done on the assumption that the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.

Validation by Commonwealth law

(2)

To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.

(3)

Subsection (2) has effect to the extent to which it is not in excess of the legislative power of the Commonwealth.

(4)

In addition to its effect apart from this subsection, subsection (3) also has the effect it would have if its application were, by express provision, confined to the legislative power conferred by paragraph 51(xx) of the Constitution.

Note: Paragraph 51(xx) of the Constitution deals with corporations.

(5)

It is the intention of the Parliament that subsections (2), (3) and

(4)

are not to apply to the exclusion of a law of New South Wales to the extent that that law is capable of operating concurrently with those subsections.

Validation by State law

(6)

To avoid doubt, it is the intention of the Parliament that a law of New South Wales may provide that past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.