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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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apart from this section, it is clear, taking into account the provision's context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular 58 Fair Work Act 2009 No. 28, 2009 invalid application, of the provision had also been within the Commonwealth's legislative power; or (b) the provision's operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth's legislative power. (3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1). (4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.