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Constitutional escape hatches

When the Government is unsure about the validity of its proposed legislation, sometimes it inserts a constitutional escape hatch, which says that if a provision would be constitutionally invalid, then it just doesn't apply. Three examples of this occur in the exposure draft of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023. They concern: (1) the implied freedom of political communication; (2) the acquisition of property otherwise than on just terms; and (3) limits on State powers that might breach the federalism principle known as the Melbourne Corporation doctrine. Is it appropriate to shift constitutional risk in this way from the Government to those to whom the law applies?