JSB171 Lecture Notes - Lecture 1: Owen Dixon, Divisor, Ansett Australia
Document Summary
Commonwealth: requires head of commonwealth legislative power: attorney-general v colonial sugar. Refining co (the royal commissions case) (1913) 17 clr 644 (words of legislative powers restrict power to legislate not a general power) Most likely contained in s51, although there are others. State: not limited to any specific subject matter. Have the power to legislate for peace, order/welfare and good government" plenary power. These words do not limit the power: union steamship co v king: must be cleared to be valid from other criterion: General prohibitions s92: freedom of interstate trade and commerce and intercourse s117: right of a citizen of one state to not be discriminated against another. State-oriented prohibitions s114: state not to raise taxes against commonwealth property of any kind, nor to raise defence forces s115: state not to print money. Exclusive commonwealth power s52: exclusive powers relating to the public service, seat of government an other areas in the constitution s90: exclusive control of customs etc.
