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Ch10 Legislation / THE INTERPRETATION OF ACTS / Construction of Acts subject to the Constitution



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House of Representatives                                Ch 10                                                 p 405

 

Legislation / THE INTERPRETATION OF ACTS

 

Construction of Acts subject to the Constitution

Every Act must be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth. 1 In some circumstances an Act may be read down or read as if it did not contain any invalid provisions, so that it may be given effect to the extent that it is not in excess of the power of the Commonwealth. 2



Acts Interpretation Act 1901 , s. 15A.



E.g . see Bank of New South Wales v. Commonwealth (1948) 76 CLR 371 .