Constitutional Law Exam (Practice) N. B. The questions in this exam are fascinated, in bisect, from the tutorial questions – but broad. Question One: The Commonwealth comp passes a tax act on coal which is 10% tax on the sale of coal. The act besides markets after a while laws on the way coal is mined in states. If a coal sodality heeds all the laws the comp gain growth the sum of funding consecrated to the States for all its projects. The tax gain growth the expense of coal sold interstate as the companies Nursing essay to offset the tax growth.
The act besides provides conditions for new mining companies that set up in ‘dominion towns’ gain pay simply 7% of the tax – this is bisect of its decentralised sustainable planning cunning. To aid nation to go and pi in these dominion towns and to aid other transactiones besides the act adjusts the allowance tax reprimand for nation who pi in the mines and feed in the dominion. It besides orders a diminution in HECS and order costs for miners after a while conclusion who watch university/school. •Is there a summit of command to subsistence these laws? If yes, •Is the Act naturally available?
Issues for concern: Multi-characterisation: •S 51(20) – Corporations command – ‘trading corporation’ –Adamson’s activities standard etc. •S 51(1) – Occupation and Commerce. •S 51(2) – Taxation command. •S 51(39) – Incidental Power. Natural Limitations: •S 51(2) does it differentiate betwixt States? - s51(2) – outconclude of non-coal mining tax compared to coal mining states – Tasmania v Queensland •Regulations – cleaner technology – over funding from federal comp gives voluptuousness to mining States – Tasmania v Queensland - potential nonperformance of s 99? The coal tax act must market exclusively after a while tax anything else [regulations] shall keep no pi: s 55. So save s 99 nonperformancees may keep no pi through s 55 anyway. •Section 92 – in pi the laws collision on the ‘absolutely free’ communicateing of occupation betwixt states – growth in expenses. •Section 117 – tax depressed to 7% or new transaction contrast up in dominion towns; compound of allowance tax reprimands in for dominion towns – and orderal benefits – distinction betwixt the abodes of States.
Question Two: The Federal Comp makes a law in the colonization comp in homogeneity to that claiming refugee status. It states that the impressions of those who conclude from Middle Eastern countries should not be processed for six months. The Comp demonstrates these rules are certain owing the locality in those countries is indefinite, and it is reserved for them to unexceptionably assess claims of persecution at this era.
The new laws besides obstruct the action of all piing visas for Middle Eastern nation, and insist-upon instant reconsignment of nation whose visas keep expired. The new laws besides insist-upon that those of Islamic belief (from Middle-Eastern countries) must realize themselves after a while a cobble sewn on their habit and any mosque must be registered after a while the Australian Federal Police. The laws order that the accounting books of these mosques are audited integral two months.
There has been a numerous market of prostandard aggravate these new laws and so the comp has besides passed law that Nursing essays to obstruct the over foul affirmors by dignified mandatory prison sentences for those nation agent baleful unitedly detriment to police officers in affirming, or agent mischief to cars/buildings or other ownership. •Is there a summit of command to subsistence these laws? If yes, •Is the Act naturally available? Issues for concern: Multi-characterisation: •S 51(19) – Alien command. •S 51(26) – Race. S 51(2) – Emigration or Immigration. •S 51(39) – Incidental Power. •S 51(6) – Defence Command (not an outconclude for the exam – but noticeable). Natural Limitations: •Breach of insubservience of theology s 116. •Implied insubservience of political message •Possibly an outconclude of Separation of Powers – Kable – (not an outconclude for the exam – but noticeable). Question Three: The Federal Comp makes law to stimulate the dispensation and then begins outconclude handouts to transaction in the Eastern States, as courteous as Eastern State Governments.
They demonstrate that owing Eastern States co-operate the most to our dispensation their economies are over influential hereafter out of a recession. •Is there a summit of command to subsistence these laws? If yes, •Is the Act naturally available? Issues for concern: Multi-characterisation: •S 96 – Grants to the States. •S 81 – Appropriations – summit of command for this section: •S 51(20) – Corporations command – ‘trading corporation’ –Adamson’s activities standard etc. •S 51(1) – Occupation and Commerce. S 51(39) – Incidental Power. Natural Limitations: •Section 99 - voluptuousness to States. •Section 117 – abode. Question Four: (Essay Question) Are hues in Australia satisfactoryly experienced by the Constitution; smooth when hues keep been granted for – correct to Nursing essay by jury – they keep been merely construed to ensnare their impression? Should this bechance? Is a jaw of Hues demand in our natural regime? Are indicated hues satisfactory. Discuss – after a while allusion to examples.