Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 22

PART III PROVISIONS APPLICABLE TO SUBORDINATE INSTRUMENTS

Subordinate instruments to be construed subject to legislative power of the State and to empowering Act

22. Subordinate instruments to be construed subject to legislative power of
the State and to empowering Act



(1) Every subordinate instrument shall be construed as operating to the full
extent of, but so as not to exceed-

   (a)  the legislative power of the State of Victoria; or

   (b)  the power to make the subordinate instrument conferred by the Act
        under or pursuant to which it is made-

to the intent that where a provision of a subordinate instrument, or the
application of any such provision to any person, subject-matter or
circumstance, would, but for this section, have been construed as being in
excess of that power, it shall nevertheless be a valid provision to the extent
to which it is not in excess of that power and the remainder of the
subordinate instrument and the application of that provision to other persons,
subject-matters or circumstances shall not be affected.

(2) The provisions of this section are in addition to, and not in derogation
of, any provision of a subordinate instrument or of the Act under or pursuant
to which a subordinate instrument is made relating to the construction, or
extent of the operation, of that subordinate instrument.