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Constitutional Regulation Exam (Practice) N. M. The questions in this exam are considered, in part, in the tutorial queries – nevertheless expanded.
Question One: The Commonwealth government passes a tax do something about coal which is 10% duty on the sale for coal. The act also deals with regulations on the way fossil fuel is extracted in declares. If a coal company heeds all the rules the government increases the amount of financing given to the States for all those its tasks. The tax will increase the price of coal marketed interstate while the companies try to offset the tax enhance.
The work also delivers provisions for brand spanking new mining businesses that set up in ‘country towns’ will pay simply 7% with the tax – this is component to its decentralised sustainable planning policy and regulations. To inspire people to get and work in these nation towns also to encourage additional businesses as well the work adjusts the income tax level for people who operate the souterrain and stay in the country. Additionally, it prescribes a reduction in HECS and education costs for miners with children who attend university/school. •Is there a head of power to support these regulations? If yes, •Is the Action constitutionally valid?
Issues for concern: Multi-characterisation: •S 51(20) – Companies power – ‘trading corporation’ –Adamson’s activities test etc . •S 51(1) – Control and Business. •S 51(2) – Taxation power. •S 51(39) – Incidental Electric power. Constitutional Limitations: •S 51(2) does it discriminate between Declares? , s51(2) – issue of non-coal mining tax compared to coal mining states – Tasmania v Queensland •Regulations – cleaner technology – more funding by federal government gives preference to mining Declares – Tasmania v Queensland , possible breach of s 99? The coal tax act must deal exclusively with tax anything else [regulations] shall have no result: s 55. So despite s 99 breaches might have no impact through s i9000 55 anyways. •Section 92 – in place the regulations impact on the ‘absolutely free’ intercourse of trade between states – increase in prices. •Section 117 – taxes reduced to 7% or perhaps new business creating in country towns, modification of tax rates in for country towns – and academic benefits – discrimination between the residences of States.
Query Two: The Federal Government makes a legislation in the migrants legislation in relation to that declaring refugee status. It says that the applications of those who originate from Middle Eastern countries should not be processed to get six months. The Government argues these rules are necessary because the circumstance in all those countries is unsettled, and it is difficult for them to properly determine claims of persecution at this time.
The new polices also avoid the renewal of most working visas for Middle Eastern people, and need immediate deportation of people whose visas possess expired. The new regulations also require that those of Islamic faith (from Middle-Eastern countries) must determine themselves using a patch sewn on their clothes and virtually any mosque should be registered together with the Australian Federal government Police. The regulations recommend that the accounting books of the mosques happen to be audited every two months.
There have been a great deal of demonstration over these new laws therefore, the government has additionally passed regulation that attempts to slow down the more extreme protestors simply by imposing necessary prison content for those persons cause grievous bodily trouble for police officers in protesting, or perhaps cause damage to cars/buildings or additional property. •Is there a head of power to support these laws and regulations? If yes, •Is the Act constitutionally valid? Issues pertaining to concern: Multi-characterisation: •S 51(19) – Unfamiliar power. •S 51(26) – Race. H 51(2) – Emigration or Immigration. •S 51(39) – Incidental Electricity. •S 51(6) – Defence Power (ofcourse not an issue intended for the exam – but noteworthy). Constitutional Constraints: •Breach of freedom of faith s 116. •Implied flexibility of political communication •Possibly an issue of Separation of Powers – Kable – (not a concern for the exam – yet noteworthy). Query Three: The Federal Government makes control to stimulate the economy and after that begins issue handouts to business inside the Eastern States, as well as East State Governments.
They believe because Far eastern States lead the most to the economy all their economies are usually more important appearing out of a downturn. •Is right now there a head of capacity to support these types of laws? If yes, •Is the Act constitutionally valid? Issues for matter: Multi-characterisation: •S 96 – Grants for the States. •S 81 – Appropriations – head of power with this section: •S 51(20) – Corporations power – ‘trading corporation’ –Adamson’s activities test out etc . •S 51(1) – Trade and Commerce. H 51(39) – Incidental Power. Constitutional Constraints: •Section 99 , choice to Claims. •Section 117 – house. Question Several: (Essay Question) Are rights in Australia completely covered by the Constitution, even when rights have already been provided for – right to trial by jury – they have been narrowly construed to circumvent their app? Should this happen? Is actually a bill of Rights want in our constitutional regime? Are implied legal rights sufficient. Go over – with regards to examples.
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