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Encyclopedia results for Section 51 of the Australian Constitution

Section 51 of the Australian Constitution





Encyclopedia results for Section 51 of the Australian Constitution

  1. Section 51(xi) of the Australian Constitution

    Section 51 xi of the Australian Constitution is the subsection of Section 51 of the Australian Constitution ... powers would include Section 51 xii of the Australian Constitution the currency power , the weights and measures power, and Section 51 v of the Australian Constitution the postal power . Australian ... s51.html Full text of Section 51 of the Australian Constitution on Austlii Dr Helen Irving, http www.abs.gov.au ... in 1911 although a simultaneous state census was held in 1901 . The Australian Bureau of Statistics is the Commonwealth Agency responsible for census and statistics. Other Sections of the Australian Constitution and the Census and Statistics Power Section 24 of the Australian Constitution says ... ii . Section 24 envinces a clear intention that the Commonwealth would use Section 51 xi to conduct census and collect information, rather than leaving the matter to the states. Section 127 of the Australian Constitution stated that Aboriginal natives should not be counted in the census. This section was removed by Referendums in Australia a referendum to amend the constitution that was Australian referendum, 1967 Aboriginals held in 1967 . Section 127 uses the word census the language of s. 51 xi rather than the latest statistics of the Commonwealth used in Section 24. However, on a purposive approach, the debates at the Constitutional Conventions showed the clear purpose of section 127 was to limit section 24. Section 127 operated to prevent the number of aboriginals being used in the calculations for the number of members of the House of Representatives. Section 127 was quite a narrow provision, in that it did not use the word statistics . Accordingly, section 51 xi still allowed ... 1301.0&issue 2001&num &view The Census, Constitution and Australian Democracy Australian ... to the inclusion of the Census Power See also Census in Australia The first version of the Constitution ...? Population Association of America, 2007 Category Australian constitutional law ...   more details



  1. Section 51(xxvi) of the Australian Constitution

    Sean Everett, The Australian Constitution & Section 51 xxvi The Race Power Beneficial Power of Government or Colonial Anachronism? 2010 1 61, www.fvlsac.org.au law reform Constitution of Australia DEFAULTSORT Section 51 Xxvi Of The Australian Constitution Category Australian constitutional law ... and Kanakas . J Quick and R Garran, The Annotated Constitution of the Australian Commonwealth 1901 ...Use dmy dates date February 2012 Use Australian English date February 2012 Refimprove date February 2007 Section 51 xxvi of the Australian Constitution , commonly called the race power , is the subsection of Section 51 of the Australian Constitution granting the Australian commonwealth power to make special laws for people of any race. As initially drafted, s 51 xxvi empowered the Parliament of Australia Parliament to make laws with respect to The people of any race, other than the Indigenous Australians aboriginal race in any State , for whom it is deemed necessary to make special laws . The Australian people voting at the Australian referendum, 1967 Aboriginals 1967 referendum deleted the words in italics. Edmund Barton had argued in 1898 that s 51 xxvi was necessary to enable the Commonwealth ... . ref name French cite book last French first Robert title Australian Constitutional Landmarks editor ... pages 180 212 chapter The Race Power A Constitutional Chimera isbn 052183158X ref The section was intended ... against the use of legislative power to deal specifically with alien races. The scope of s 51 xxvi , amended in the Australian referendum, 1967 Aboriginals 1967 referendum , was first considered in Koowarta ... was valid under s 51 xxvi . They held that the Racial Discrimination Act protected all races .... In a report deliver to the Australian Prime Minister on 19 January 2012, it was recommended that a referendum be held for the repeal of s 51 xxvi . ref name Panel Citation title Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution Report of the Expert Panel year 2012 ...   more details



  1. Section 51(xxxvii) of the Australian Constitution

    constitution limits Commonwealth power see Section 51 of the Australian Constitution Section 51 . Section 51 xxxvii was therefore framed to allow a degree of flexibility. In practice, the referral ... a referral or if it has the status of a quasi amendment to Section 51 of the Australian Constitution Section 51 . Exclusivity whether a referral grants exclusive Commonwealth power or concurrent ... referred de facto matters under section 51 xxxvii of the Australian Constitution. Difference in referral ... Rights . Corporations The Section 51 xx of the Australian Constitution corporations power , Constitution .... The Workplace Relations Act is generally limited in operation by Section 51 xx of the Australian Constitution the corporations power and Section 51 xxxv of the Australian Constitution the conciliation and arbitration power . Terrorism Although Section 51 vi of the Australian Constitution the defence ... Consumer Credit Code Constitution of Australia DEFAULTSORT Section 51 Xxxvii Of The Australian Constitution ...Use dmy dates date April 2012 Use Australian English date April 2012 Section 51 xxxvii of the Australian ... by section 51 xxxvii is subject to the Constitution. A question has been raised in academic commentary about whether a law adopted by a State parliament pursuant to section 51 xxxvii is also a Commonwealth law. The power conferred by section 51 xxxvii is qualified so as to limit the operation of a law ... legislative power approach. That is, as with other powers in section 51, states can continue to legislate subject to inconsistency with Commonwealth legislation Section 109 of the Australian Constitution ... The Australian Constitution confers legislative power to the Commonwealth over marriage Section 51 xxi and matrimonial causes Section 51xxii . The Australian Commonwealth created the Family Court ... Regarding the Scope of Section 51 xxxvii The text of Section 51 xxxvii grants power regarding ... Court of Australia in a speech on the Australian constitution commented At the outset it may ...   more details



  1. Section 51 of the Constitution of Australia

    legislation are Section 51 i of the Australian Constitution the interstate trade and commerce power s51 i Trade and commerce with other countries, and among the States Section 51 xx of the Australian ... formed within the limits of the Commonwealth Section 51 xxix of the Australian Constitution the external affairs power s51 xxix External Affairs Section 51 ii of the Australian Constitution Taxation ... which reflect what powers a nation was viewed as possessing. These include Section 51 vi of the Australian Constitution Military defence s51 vi Quarantine s51 ix Section 51 xi of the Australian Constitution Census and Statistics s51 xi Section 51 xii of the Australian Constitution Currency s51 xii ... Section 51 v of the Australian Constitution Postal, Telegraphic, Telephonic, and Like Services s51 ... of criminals s51 xxvvii Section 51 xxvi of the Australian Constitution Special laws for people ... of Section 51 of the Australian Constitution on Austlii http www.aph.gov.au senate general constitution ...Section 51 of the Constitution of Australia grants legislative powers to the Parliament of Australia Australian Commonwealth Parliament only when subject to the constitution. When the six Australian colonies ... in the Constitution. Powers not included in section 51 are considered residual powers , and remain the domain of the states, unless there is another grant of constitutional power e.g. Section 52 of the Australian Constitution Section 52 and Constitutional basis of taxation in Australia Section 90 ... by virtue of Section 109 of the Australian Constitution s109 inconsistency provision . Powers ... of a uniform railway system s51 xxxiii , s51 xxxiv , and s51 xxxii Section 51 xxxi of the Australian ... 51 appears to limit the areas of federal involvement. However, under section 96 of the Australian ... and the Meaning of Marriage in Section 51 xxi of the Constitution Constitution of Australia Category .... There are 39 subsections to section 51, each of which describes a head of power under which the Parliament ...   more details



  1. Section 51 (xii) of the Constitution of Australia

    Unreferenced stub auto yes date December 2009 Section 51 xii is a subsection of Section 51 of the Constitution of Australia that gives the Commonwealth Parliament the right to legislate with respect to currency, coinage, and legal tender. Generally, powers in section 51 of the Constitution of Australia can also be legislated on by the states, although Commonwealth law will prevail in cases of Section 109 of the Constitution of Australia inconsistency . However, the currency power must be read in conjunction with other parts of the Constitution of Australia. Section 115 of the Constitution establishes a state shall not coin money, nor make anything but gold or silver coin a legal tender in the payment of debts . This section effectively makes the concurrent power in section 51 xii exclusive to the Commonwealth. Despite this, coins of the Australian pound were not introduced until 1910. From 1901 to 1910 the states could not issue tender and the Commonwealth had not issued tender, so private currency was used as the common medium of exchange whilst the British pound sterling was the national unit of account. See also Australian Bank Notes Tax Act 1910 Constitution of Australia DEFAULTSORT Section 51 Xii Of The Australian Constitution Category Australian constitutional law Money stub Australia gov stub ...   more details



  1. Section 51(i) of the Constitution of Australia

    Unreferenced date December 2009 Section 51 i is a subsecton of Section 51 of the Australian Constitution Section 51 of the Constitution of Australia Australian Constitution enables the Government of Australia Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States and territories of Australia States . The potential reach of s51 i is very broad. The words trade and commerce in s51 i also occur in section 91 of the Australian Constitution Section 92 of the Constitution , where the expression used is trade, commerce, and intercourse . Trade and commerce have been broadly construed. The early case of W & A McArthur Ltd v Queensland held that the words extended to the mutual communings, the negotiations, verbal and by correspondence, the bargain, the transport and the delivery . In Australian National Airways Pty Ltd v Commonwealth ANA Case 1945 , the High Court held that the Commonwealth could use s51 i to establish its own government owned instrumentality in the form of the Trans Australia Airlines , which had been established by the Australian National Airlines Commission, but could not prevent private sector competition. Section 92 of the Constitution Section 92 states that trade, commerce, and intercourse among the States... shall be absolutely free . In the case of James v Commonwealth , the High Court decided that this requirement restricted the Parliament of Australia Commonwealth Parliament as well as State governments. This impacted on the Parliament s ability to exercise powers under subsection s51 i , regarding trade and commerce with other countries, and among the States . See also Comparisons Commerce Clause United States Constitution Section 91 2 of the Constitution Act, 1867 Canadian Constituion Constitution of Australia DEFAULTSORT Section 51 I Of The Australian Constitution Category Australian constitutional law ...   more details



  1. Section 51(vi) of the Constitution of Australia

    Section 51 vi of the Australian Constitution , commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth . Section 51 vi and the Australian States Generally, powers in section 51 of the Australian Constitution can also be legislated on by the states, although Commonwealth law will prevail in cases of Section 109 of the Australian Constitution inconsistency . However, the defence power must be read in conjunction with other parts of the Australian Constitution. Section 114 of the Australian Constitution provides that a state shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force... . As a result, the power in section 51 vi is generally exclusive to the Commonwealth. Section 119 of the Australian Constitution compliments section 114 by placing an obligation on the Commonwealth to exercise the power granted in section 51 vi . Section 119 provides that the Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence. Breadth of Section 51 vi The defence power allows the Commonwealth to raise an army and navy. Although air force s did not exist in 1901, military defence has been considered broad enough to include an air force. What other laws the defence power will support has been held by the High Court of Australia to vary based on external circumstances. During World War 1 and World War 2 the power was held to apply very broadly, even to domestic issues. For example ... Constitution of Australia DEFAULTSORT Section 51 Vi Of The Australian Constitution Category Australian ... to rely on Section 96 tiered grants, which demonstrates that perhaps the Commonwealth felt the scheme ...   more details



  1. Section 51(v) of the Constitution of Australia

    au journals MULR 2000 25.html Technological Change and the Australian Constitution 2000 MULR 25 Constitution of Australia DEFAULTSORT Section 51 V Of The Australian Constitution Category Australian constitutional law ...Section 51 v of the Constitution of Australia is a subsection of Section 51 of the Constitution of Australia Section 51 of the Constitution of Australia that gives the Parliament of Australia Commonwealth Parliament of Australia power to legislate on postal, telegraphic, telephonic, and other like services . Postal Services In 1901, Section 51 v was used by the Commonwealth to merge the colonial mail systems into the Postmaster General s Department or PMG . This body was responsible for telegraph and domestic telephone operations as well as postal mail. In 1975 the Australia Post was formed, taking over the postal functions of the PMG. Australia Post was corporatised in 1989, and its existence is therefore now supported under the Section 51 xx of the Australian Constitution corporations power . The power also supports the issue of Postage stamps and postal history of Australia Australian postal stamps . Telephonic services The power has supported Australia s regulatory environment for telecommunications in Australia, such as the telecommunications part of the Trade Practices Act . See Communications in Australia Other like services The most problematic part of this power has been the words other like services . The High Court of Australia High Court has taken a flexible approach to interpreting this provision that has recognised that technology has changed since the constitution was written. In the case of http www.austlii.edu.au au cases cth HCA 1935 78.html R v Brislan , in 1935, the High Court decided that s51 v included the power to regulate radio broadcasting. However, in Brislan ... would be supported under Section 51 v . The Commonwealth has already relied on Section 51 v to regulate ...   more details



  1. Section 51(xxxi) of the Constitution of Australia

    their adequacy. There may be some acquisitions of property to which section 51 xxxi does not apply. Section 51 xxxi is an exception to the norm for interpretation of the subsections of section 51 of the Australian Constitution section 51 , that one grant of power cannot be used to read down ..., 371 2 Dixon CJ ref References Reflist Refimprove date February 2007 Constitution of Australia DEFAULTSORT Section 51 Xxxi Of The Australian Constitution Category Australian constitutional law ...Section 51 xxxi of the Constitution of Australia is a subsection of Section 51 of the Constitution of Australia providing that the Parliament of Australia Commonwealth has the power to make laws with respect to the acquisition of property on just terms from any States and territories of Australia State or person for any purpose in respect of which the Parliament has power to make laws. It is both a power ... power to make laws . This means that every law supported by s 51 xxxi must also be supported by at least one additional legislative power. The effect of the section was the subject of the Australian ... of property in section 51 xxxi is provided by Commonwealth v Bank of New South Wales Bank of New South ... a statutory licence does not typically constitute an acquisition of property within section 51 xxxi , as licence conditions are inherently susceptible to change. Acquisition For the purposes of section 51 xxxi , property must have been acquired by somebody, and the acquisition must be for a Commonwealth purpose. This is in contrast to the Fifth Amendment to the United States Constitution Fifth ... as to circumvent the specific limitation to the power granted by section 51 xxxi . ref see for example .... The language of s 51 xxxi was adapted from the final words of the Fifth Amendment to the United States Constitution . Unlike the American provision, however, it is primarily a grant of Commonwealth ... the just compensation requirement in the Fifth Amendment to the United States Constitution Fifth ...   more details



  1. Section 51(xxix) of the Constitution of Australia

    Section 51 xxix of the Australian Constitution is a subsection of Section 51 of the Australian Constitution Section 51 of the Australian Constitution that gives the Parliament of Australia Commonwealth Parliament of Australia the right to legislate with respect to external affairs . In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaty treaties and conventions . In some cases, as with human rights or environmentalism environmental protection , the activities regulated by treaty implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular States and territories of Australia State . In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law making ... Constitution of the Australian Commonwealth publisher Legal Books location Sydney year 1901 edition 1995 reprint isbn 186316071X accessdate 24 March 2010 Constitution of Australia DEFAULTSORT Section 51 Xxix Of The Australian Constitution Category Australian constitutional law ... 1987 p 11 ref External affairs Relations with other countries The term external affairs was used in section 51 xxix rather than foreign affairs to make it clear that relations with the United Kingdom and other parts of the British Empire were intended to be included. When the Australian Constitution ... with the Australian Constitution publisher CCH Australia location North Ryde, NSW year 1987 isbn ... to external affairs . ref name Coper10 Harvnb Coper 1987 p 10 ref Section  51 xxix was amended a number of times in the Constitutional Conventions that debated the draft Constitution in the 1890s. The draft Constitution adopted by the 1891 Sydney Convention allowed the Parliament to make ... held that s 51 xxix contained a sufficient grant of power to support a law to identify and prosecute ...   more details



  1. Section 51(xx) of the Constitution of Australia

    Unreferenced date September 2010 Section 51 xx of the Australian Constitution , is a subsection of Section 51 of the Australian Constitution Section 51 of the Australian Constitution that gives the Parliament of Australia Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth . This power has become known as the corporations power . Early approaches to 1971 After the High Court of Australia High Court s decision in Huddart Parker Huddart, Parker & Co Pty Ltd v Moorehead 1909 , the corporations power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect Reserved State powers the reserved powers of the States , an idea abandoned in 1920 as a result of Amalgamated Society of Engineers v Adelaide Steamship Co Ltd . Isaac Isaacs Justice Issacs , in dissent, gave a broad meaning to s 51 xx but attempted to set limits to the power. It was not until Huddart Parker was overruled ... in Australia Constitution of Australia DEFAULTSORT Section 51 Xx Of The Australian Constitution Category Australian constitutional law ... s 51 xx was not directly addressed. Some incidental points were clarified in R v Australian Industrial Court Ex parte CLM Holdings Pty Ltd 1977 . That case established that, where the activities of a s 51 ... legislation by relying chiefly upon s 51 xx . The course of High Court decision making on s 51 ... will fall within s 51 xx if either test applies. Although the majority judgments did not explicitly ... of a corporation s activities. The whole Court upheld a section which protected a corporation ... of how far the corporations power might extend. See also Workplace Relations Act 1996 Australian industrial ...   more details



  1. Section 81 of the Constitution of Australia

    Section 81 of the Constitution of Australia creates a Consolidated Fund consolidated revenue fund , money collected by the Commonwealth of Australia Commonwealth through taxation and other levies. ref name Constitutional Law Butterworths Keyzer 2005 cite book last Keyzer first Patrick title Constitutional Law publisher Butterworths year 2005 edition Second pages 334 isbn 9780 409 31861 6 accessdate 30 June 2011 ref The way this money may be collected is regulated by Section 51 of the Constitution of Australia Section 51 of the Constitution . ref name Constitutional Law Butterworths Keyzer 2005 Notable legal decisions decided by the High Court of Australia about section 81 include Attorney General Victoria Ex rel Dale v Commonwealth the Pharmaceutical Benefits case References reflist External links http www.austlii.edu.au au legis cth consol act coaca430 s81.html Commonwealth of Australia Constitution Act Sect 81 from AustLII Constitution of Australia Category Australian constitutional law ...   more details



  1. Section 96 of the Constitution of Australia

    Section 96 of the Constitution of Australia permits that the Parliament of Australia Australian Commonwealth Parliament is able, subject to the approval of the State s concerned, to grant financial assistance to any State on the terms and conditions that it sees fit. Its use in Australian parliaments has led to the Commonwealth parliaments having significant influence over matters that would otherwise be constitutionally State matters. Full text cquote During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit. ref http www.aph.gov.au senate general constitution chapter4.htm Commonwealth Of Australia Constitution Act Chapter IV. Finance And Trade ref Tied Grants Whilst section 51 of the Australian Constitution enumerates limits on Commonwealth involvement in the residual powers of the States, section 96 provides the Commonwealth with the power to grant money to any state. These monetary grants are typically ... . In practice, section 96 has provided the Commonwealth parliament with the ability to influence .... . Vertical Fiscal Imbalance Section 96 does not oblige states to accept tied grants , i.e. States ... and Policy in Australia , 8th edition, Pearson Education Australia, p.136 ref Additionally, Section 51 iv grants the Commonwealth control over state borrowings, furthering the reliance of the States on Commonwealth funding. The Fiscal imbalance vertical fiscal imbalance , alongside section 96 of the Australian Constitution has effectively extended the Commonwealth s powers beyond those enumerated in section 51 of the Australian Constitution and other explicit enumerations of Commonwealth legislative power e.g. Section 52 and Section 90 . References Reflist 1 Constitution of Australia Category Australian constitutional law ...   more details



  1. Section 41 of the Constitution of Australia

    Unreferenced stub auto yes date December 2009 Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states that no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth. Related High Court decisions King v Jones The words adult person are fixed with the same meaning they had when the Constitution came into effect, that is, they refer to persons over the age of 21, no matter the contemporary interpretation. R v Pearson Ex parte Sipka The section is only provisional rights acquired after the passage of the Commonwealth Franchise Act 1902 are not protected. In essence, there is no constitutional right to vote in Commonwealth elections Constitution of Australia DEFAULTSORT Section 41 Of The Australian Constitution Category Australian constitutional law Category Election law Australia law stub ...   more details



  1. Section 2 of the Constitution of Australia

    Section 2 of the Constitution of Australia says that there shall be a Governor General to represent the British Monarch in Australia . The Governor General of the Commonwealth of Australia is the representative in Australia at federal national level of the Monarchy of Australia Australian monarch currently Elizabeth II Queen Elizabeth II . He or she exercises the supreme executive power of the Commonwealth. The functions and roles of the Governor General include appointing ambassador s, ministers and judge s, giving Royal Assent to legislation, issuing writs for elections and bestowing honours. The Governor General is President of the Federal Executive Council and Commander in Chief of the Australian Defence Force . ref name GGS cite web url http www.gg.gov.au governorgeneral category.php?id 2 title Governor General of the Commonwealth of Australia publisher National Museum of Australia year 2007 accessdate 2007 09 03 archiveurl http web.archive.org web 20070829023800 http www.gg.gov.au governorgeneral category.php?id 2 Bot retrieved archive archivedate 2007 08 29 ref All these things are done and all these posts are held under the authority of the Constitution of Australia Australian Constitution . Further, the Governor General acts as vice regal representative to the Australian Capital Territory . The term of office is at the Queen s pleasure but it is usually 5 years. cquote A Governor General appointed by the Queen shall be Her Majesty s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him. 24px 24px Section 2 of the Constitution of Australia See also Governor General of Australia References Reflist External links http www.austlii.edu.au au legis cth consol act coaca430 xx2.html Commonwealth of Australia Constitution Act Sect 2 from AustLII Constitution of Australia Category Australian ...   more details



  1. Section 1 of the Constitution of Australia

    Section 1 of the Constitution of Australia recites that the power to make laws of the Commonwealth of Australia will be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives. ref name Constitutional Law Butterworths Keyzer 2005 cite book last Keyzer first Patrick title Constitutional Law publisher Butterworths year 2005 edition Second pages 8 9 isbn 9780 409 31861 6 accessdate 18 April 2011 ref References reflist External links http www.austlii.edu.au au legis cth consol act coaca430 xx1.html Commonwealth of Australia Constitution Act Sect 1 from AustLII Category Australian constitutional law Constitution of Australia ...   more details



  1. Section 3 of the Constitution of Australia

    Section 3 of the Constitution of Australia deals with the issue of the salary of Governor General of Australia Governor General . The Governor Gereral is paid out of the Consolidated Revenue Fund . The salary of the Governor General is regulated by the Constitution of Australia Constitution , which fixed an annual amount of 10,000 pounds, unless the parliament decides otherwise. The Constitution states that the salary of the Governor General may not be increased during his or her term of office. Under the Governor General Act of 1974 each new commission has resulted in a pay increase. Today, the law ensures the salary is higher than that for the Chief Justice of the High Court , over a five year period. The annual salary during Michael Jeffery s term was 365,000. Quentin Bryce s salary is 394,000. Until 2001, Governors General did not pay income tax on their salary this was changed after the Queen agreed to pay tax. cquote There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. The salary of a Governor General shall not be altered during his continuance in office. 24px 24px Section 3 of the Constitution of Australia Constitution of Australia Category Australian constitutional law Category Governors General of Australia ...   more details



  1. Section 116 of the Constitution of Australia

    power under Section 51 of the Australian Constitution Section  51 to establish a religion ... title Section 116 of the Constitution journal The Australian Law Journal volume 20 issue 6 pages ... Court. ref name Williams1165 ref name Hanks1207 The section sits in Chapter V of the Constitution ... cite journal last Bailey first K. H. date 1951 title Fifty Years of the Australian Constitution ... of the Australian Constitution publisher Melbourne University Press location Carlton, Victoria ... 1992 title Making Sense of Religion and the Constitution A Fresh Start for Section 116 journal Monash ... Garran, Robert title The Annotated Constitution of the Australian Commonwealth publisher Legal Books ... cite book last Williams first George title Human Rights under the Australian Constitution ... refend Constitution of Australia featured article Category Australian constitutional law ...Section  116 of the Constitution of Australia precludes the Australia Commonwealth of Australia i.e. ..., Section  116 is based on similar provisions in the United States Constitution . However ... 116, and the provision has played only a minor role in Constitutional history of Australia Australian ... s Witnesses , and that enabled the forcible removal of Indigenous Australian children from their families ... in the Constitution Section  116 says blockquote The Commonwealth shall not make any law for establishing ... trust under the Commonwealth. ref name Constitution cite web url http www.comlaw.gov.au comlaw comlaw.nsf 0 19541afd497bc2e4ca256f990081e2cf FILE Constitution.pdf title The Constitution of Australia date 2003 work Attorney General s Department and Australian Government Solicitor publisher Commonwealth ... name Hanks1207 Harvnb Clarke, Keyzer & Stellios 2009 p 1207 ref Each state has its own constitution ... of the committee charged with finalising the draft Constitution. ref name Hanks1207 .... B. Higgins The Constitution was the product of a series of constitutional conventions in the 1890s ...   more details



  1. Section 44 of the Constitution of Australia

    Use dmy dates date July 2011 Use Australian English date July 2011 Section 44 of the Constitution of Australia Australian Constitution lists the grounds for disqualification on who may become a candidate ... of Australia DEFAULTSORT Section 44 Of The Australian Constitution Constitution of Australia ..., foreign allegiance and s. 44 i of the Australian Constitution , Background Papers, no. 29, Parliamentary Library, 1992 ref Applications of the Section Sykes v Cleary In this judgement, the High Court ... chosen or of sitting as a senator or a member of the House of Representatives. But sub section iv. does ... Candidate Handbook nominations.htm Australian Electoral Commission Nominations , Retrieved ... employees seeking to contest an election , Australian Public Service Commission , Retrieved on 23 December 2007 ref . Sue v Hill main Sue v Hill At the Australian federal election, 1998 1998 federal election , Heather Hill , a woman with dual British Australian citizenship was elected to the Australian ... Gleeson ruled that the United Kingdom qualified as a foreign power under section 44 i , and as Hill ... Provisions of the Commonwealth Constitution , p9, Parliament of Australia , June 2001 ... in the Australian federal election, 1996 1996 election and taking her seat on 1 July of that year ... this constituted holding an office of profit under the Crown as specified in sub section iv. To avoid ... . George Newhouse At the Australian federal election, 2007 2007 federal election , it was claimed by the Liberal Party that George Newhouse , the high profile Australian Labor Party candidate for the seat of Division of Wentworth Wentworth , was ineligible to stand for parliament under sub section v of Section 44. In particular, it was alleged that Newhouse had not resigned from the New South ... Newhouse s election candidacy uncertain , Australian Broadcasting Corporation , 2007, retrieved ... External links cite web url http www.aph.gov.au senate general constitution constit.pdf title An Act ...   more details



  1. Section 109 of the Constitution of Australia

    States Constitution Paramountcy Canada Paramountcy doctrine used in Canadian federalism Canadian constitutional jurisprudence Constitution of Australia Category Australian constitutional law ... been suggested in Australian Boot Trade Employees Federation v Whybrow 1910 . Owen Dixon Justice Dixon ...   more details



  1. Australian War Records Section

    infobox military unit unit name Australian War Records Section image caption dates 1917 1919 country Australia allegiance branch type role Archival collecting size command structure garrison garrison label nickname patron motto colors colors label march mascot equipment equipment label battles anniversaries decorations battle honours disbanded Commanders commander1 commander1 label commander2 commander2 label commander3 commander3 label notable commanders John Treloar museum administrator John Treloar Insignia identification symbol identification symbol label identification symbol 2 identification symbol 2 label identification symbol 3 identification symbol 3 label identification symbol 4 identification symbol 4 label The Australian War Records Section was an Australian Defence Force Australian military unit of World War I responsible for collecting and preserving records and artifacts relating to Australia s experiences in the war. The section was formed on 16 May 1917 under the command of Captain John Treloar museum administrator John Treloar and eventually grew to a strength of over 600 military and civilian personnel. It collected over 25,000 objects as well as paper records, photographs and works of art. In 1919 the Australian War Memorial was formed on the basis of the section s collection and Treloar was appointed its director the next year. As such, the Australian War Records Section is considered to be Memorial s parent organisation. References cite journal last Cond first Anne Marie date 2007 title Imagining a collection. Creating Australia s Records of War. journal ReCollections publisher National Museum of Australia location Canberra volume 2 issue 1 url http ... blog 2007 06 12 the australian war records section title The Australian War Records Section last Cond first Anne Marie date 2007 work Blog publisher Australian War Memorial accessdate 26 October 2009 cite book last Dennis first Peter coauthors et al. title The Oxford Companion to Australian Military ...   more details



  1. Section 91(2) of the Constitution Act, 1867

    . 100 cquote See also Comparisions Commerce Clause United States Constitution Section 51 i of the Constitution of Australia Notes reflist Constitution of Canada Category Constitution of Canada Category ...Section 91 2 of the Constitution Act, 1867 , also known as the trade and commerce power , grants the Parliament of Canada the authority to legislate on Cquote 2. The Regulation of Trade and Commerce. 100 cquote The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution s Commerce Clause and the Australian Constitution s Section 51 i of the Constitution of Australia interstate trade and commerce power . Initial jurisprudence First examined in Citizen s Insurance Co. v. Parsons 1881 , Montague Edward Smith Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus Cquote The words regulation of trade and commerce, in their unlimited sense are sufficiently wide, if uncon trolled by the context and other parts of the Act, to include every regulation of trade ... in section 91, is of paramount authority, even if it trenches upon matters assigned to the Provincial Legislature by section 92. The general power of legislation conferred up on the Parliament of the Dominion by section 91 of the Act in supplement of the power to legislate upon the subjects expressly ... and importance, and must not trench on any of the subjects enumerated in section 92, as within the scope ... expressly enumerated in section 91. There can be a domain in which Provincial and Dominion ... it would mean that our Constitution makes it impossible by federal provincial cooperative action to arrive ..., unless it is said that our constitution precludes any businesslike marketing of products in both ... power under the Constitution In determining whether a matter has attained the required degree ... held to fall under s. 91 2 of the Constitution Act, 1867 . It would regulate all aspects of contracts ...   more details



  1. Section 92(13) of the Constitution Act, 1867

    Section 92 13 of the Constitution Act, 1867 , also known as the property and civil rights power , grants the provincial legislatures of Canada the authority to legislate on Cquote 13. Property and Civil Rights in the Province. 100 cquote In this context, civil rights are different from what are generally known as civil liberties. Instead, it refers to tortious and contractual rights. This power is generally balanced against the federal trade and commerce power under section 91 2 of the Constitution Act, 1867 section 91 2 and the criminal law power under section 91 27 of the Constitution Act, 1867 section 91 27 . It is the most powerful and expansive of the provincial constitutional provisions. The related provincial power over matters of a local or private nature in the province under 92 16 , originally intended as a broad residual power, has generally been overlooked for property and civil rights in its place. In practice, this power has been read broadly giving the provinces authority over numerous matters related to property rights and rights in Civil law common law civil law , including contractual rights, ref Citizen s Insurance Co. v. Parsons 1881 ref labour relations, professions, ref Law Society of British Columbia v. Mangat 2001 ref intraprovincial marketing schemes, ref Carnation Co. v. Quebec Agricultural Marketing Board 1968 ref advertising, ref Attorney General of Quebec v. Kellogg s Co. of Canada 1978 ref trading in securities, ref Multiple Access Ltd. v. McCutcheon 1982 ref manufacturing, ref Reference re Agricultural Products Marketing Act 1978 ref and industry. ref R. v. Eastern Terminal Elevator Co. 1935 ref Notes reflist Constitution of Canada Category Constitution of Canada Category Federalism in Canada canada law stub fr Propri t et droits civils ru ...   more details



  1. Section 91 of the Constitution Act, 1867

    Section 91 of the Constitution Act, 1867 grants the Parliament of Canada its basic legislative authority. ref Cite web title Section 91, Constitution Act, 1867 url http laws lois.justice.gc.ca eng Const page 5.html s 91 ref It reads as follows quote 91 . It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that notwithstanding anything in this Act the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated that is to say, 1. Repealed. 1A. The Canadian public debt Public Debt and Property. 2. Section 91 2 of the Constitution Act, 1867 The Regulation of Trade and Commerce . 2A. Unemployment benefits Unemployment insurance . 3. Taxation in Canada The raising of Money by any Mode or System of Taxation . 4. The borrowing of Money on the Public Credit. 5. Canada Post Postal Service . 6. Statistics Canada The Census and Statistics . 7. Canadian Forces Militia, Military and Naval Service, and Defence . 8. Public Service of Canada The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada . 9. Beacon s, Buoy s, Lighthouse s, and Sable Island . 10. Admiralty law Navigation and Shipping . 11. Quarantine and the Establishment and Maintenance of Marine Hospital ... Act Divorce . 27. Section 91 27 of the Constitution Act, 1867 The Criminal Law, except the Constitution ... any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class ... Constitution of Canada ...   more details



  1. Section 92 of the Constitution Act, 1867

    Move to Wikisource Section 92 of the Constitution Act, 1867 grants the Provinces of Canada their basic legislative authority. ref Cite web title Section 92, Constitution Act, 1867 url http laws lois.justice.gc.ca eng Const page 5.html s 92 ref It reads as follows quote 92 . In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated that is to say, 1. Repealed. 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes. 3. The borrowing of Money on the sole Credit of the Province. 4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon. 6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals. 8. Municipal Institutions in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes. 10. Section 92 10 of the Constitution Act, 1867 Local Works and Undertakings other than such as are of the following Classes a Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond .... The Solemnization of Marriage in the Province. 13. Section 92 13 of the Constitution Act, 1867 Property ... the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal ... Matter coming within any of the Classes of Subjects enumerated in this Section. 16. Generally all Matters of a merely local or private Nature in the Province. References reflist Category Constitution ...   more details




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