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Section : 38 Act not to apply so as to exceed Commonwealth power
Domain : Human Resource Management
Classification : Not Identified
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(1) Unless the contrary intention appears, if a provision of 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; and (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) Despite subsection (1), the provision is not to have a particular valid application if: (a)