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Topic: Commonwealth v Tasmania

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	Facts about topic: (Commonwealth v Tasmania) (Site not responding. Last check: 2007-11-06)
		Tasmania argued that the federal government has deprived it of property unjustly by passing the World Heritage Act.
		Justice Brennan (additional info and facts about Justice Brennan) said however that Tasmania had no proprietary rights over the site for the proposed dam (that is, it was not private land), and therefore it had not been deprived of any property.
		A four to three majority of the court held that the federal government had legitimately prevented construction of the dam, and that the World Heritage Act was authorised under the “external affairs” power.
	www.absoluteastronomy.com /encyclopedia/c/co/commonwealth_v_tasmania.htm (1041 words)

	Tasmania on Encyclopedia.com (Site not responding. Last check: 2007-11-06)
		Tasmania includes many offshore islands, among which are Bruny, the Hunter Islands, the Furneaux Group, King Island, and Macquarie Island.
		Tasmania is geologically similar to the Australian continent and was once connected to it.
		Tasmania has the highest proportion of national park land of all Australian states; a little less than half the island is protected.
	www.encyclopedia.com /html/t/tasmania.asp (790 words)

	Commonwealth
		The RDA is principally an exercise of the power of the Commonwealth Parliament to make laws with respect to "external affairs" (s 51(xxix) of the Constitution) by giving effect to the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) to which Australia is a party.
		In Koowarta v Bjelke-Petersen, the High Court upheld the validity of the RDA as then enacted as an exercise of the external affairs power.
		Counsel for the Attorney-General of the Commonwealth, intervening.
	www.adelaideinstitute.org /Legal/commonwealth.htm (2352 words)

	Commonwealth Law Reports - Wikipedia, the free encyclopedia
		The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia.
		Examples of other reports of decisions of the High Court are the Australian Law Reports and the Australian Law Journal Reports.
		Citation of High Court cases in the Commonwealth Law Reports take the following form: a case cited as Commonwealth v Tasmania (1983) 158 CLR 1 means that the report of that case is to be found at volume number 158 of the CLR's, commencing at page 1 of the volume.
	en.wikipedia.org /wiki/Commonwealth_Law_Reports (156 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		Category A past acts attributable to the Commonwealth extinguish native title and category B past acts attributable to the Commonwealth extinguish it to the extent of the inconsistency with the past act in question.
		Compensation for past acts falling into categories A and B is payable by the Commonwealth to the native title holders whose native title is affected and, subject to certain qualifications, compensation is also payable by the Commonwealth to native title holders in respect of categories C and D past acts (210 s.17.).
		Western Australia submits that the races power is merely a constitutional peg on which the Commonwealth inappropriately seeks to hang the Act and that the true character of the Act is to be seen from the subjecting of State legislative or executive action affecting native title to the consent of the Commonwealth.
	www.arts.uwa.edu.au /AnthropWWW/archives/native_title/waact.txt (15524 words)

	EDO NSW Fact Sheet: The Commonwealth Constitution and Environmental Laws (Site not responding. Last check: 2007-11-06)
		The external affairs power allows the Commonwealth to pass laws that implement the terms of an international treaty which Australia has signed, or where the subject matter of the legislation is of ‘international concern.
		In the High Court, Tasmania argued that the legislation was invalid, but the Commonwealth contended that the use of the external affairs power allowed it to pass domestic laws to give effect to Australia’s obligations under international treaties.
		Commonwealth (1976) 136 CLR 1, the Commonwealth Government refused to grant a sand mining company a licence to export mineral sands from Fraser Island because of environmental concerns about the effect of the mining on the island.
	www.edo.org.au /edonsw/site/factsh/fs01_5.asp (519 words)

	Common Ground (Site not responding. Last check: 2007-11-06)
		Based upon these observations, with the added impetus of a legal obligation to abide by terms of the International Covenant on Civil and Political Rights, the Supreme Court may now be expected to reverse its decision in Hardwick and to harmonize its interpretation of fundamental constitutional principles with those of the global community.
		The Constitution of the Commonwealth of Australia, Section 64 states: "After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives." AUSTL.
		Commonwealth, 83 C.L.R. Note also that judicial power to control ultra vires acts of the Executive is entrenched in the constitution and cannot be modified by Parliament.
	classes.washburnlaw.edu /rich/publications/common.htm (13378 words)

	Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999(Bills Digest 62 1999-2000)
		The Commonwealth Parliament does have a plenary power in respect of Territories.(115) This power was used to support the anti-euthanasia law passed by the Commonwealth Parliament in 1996.(116) Arguably, it could be used to invalidate the Northern Territory mandatory sentencing regime both in respect of juveniles and adults.(117)
		While the Commonwealth Parliament may have a power to prohibit mandatory detention, it is unclear whether the Bill would be considered a valid exercise of that power.
		Koowarta v Bjelke-Petersen (1982) 153 CLR 168, per Mason J at 234 and Murphy J at 241-242; Commonwealth v Tasmania (1983) 158 CLR 1, per Mason CJ at 130, Murphy J at 177-178 and Deane J at 258-259.
	www.aph.gov.au /library/pubs/bd/1999-2000/2000bd062.htm (5071 words)

	BBC - h2g2 - Constititional Interpretation in Australia - A540703
		R v Barger (1908) 6 CLR 41 and Huddart, Parker and Co Pty Ltd v Moorehead (1909) 8 CLR 330 all found in favour of the States and suggested that the narrower definition of a Commonwealth power should be adopted where possible.
		Attorney-General (Vic) v Commonwealth (1935) 52 CLR 533 allowed a Commonwealth clothing factory, whose primary concern was the production of military uniforms, to also manufacture civilian clothing, despite difficulties establishing a strong link between the activities.
		The Commonwealth's entry into income tax in 1942 was indeed a major blow to the sovereignty of the States.
	www.bbc.co.uk /dna/h2g2/alabaster/A540703 (3051 words)

	FSRC Treaties Report - Chapter 2
		In this case, he felt that the elimination of racial discrimination was an issue of sufficient international concern to be relevant to Australia's international standing, and therefore that it constituted an external affair.
		the intrusion of Commonwealth law into a field that has hitherto been the preserve of State law is not a reason to deny validity to the Commonwealth law provided it is, in truth, a law with respect to external affairs.
		The Commonwealth cannot legislate on the basis of a treaty, the text of which is merely aspirational.
	www.parliament.vic.gov.au /fsrc/report1/Body/Chapter2.htm (2602 words)

	Australian Parliamentary Library - 1996-97 Research Paper 10
		Indeed, the Constitution's doctrine of representative government is structured upon an assumption of representative government within the States and, to a limited extent, an assumption of the cooperation of the governments and Parliaments of the States in the electoral process itself.
		Cf Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 at 217, where Gaudron J stated: 'As the implied freedom is one that depends substantially on the general law, its limits are also marked out by the general law.
		Commonwealth v Tasmania (Tasmanian Dam Case) (1983) 158 CLR 1 at 172, 259-261, 278; Richardson v Forestry Commission (1988) 164 CLR 261 at 289, 303, 311-312, 324, 336, 346.
	www.aph.gov.au /library/pubs/rp/1996-97/97rp10.htm (7297 words)

	Regulatory Framework for Promotion of Energy Conservation and Energy Efficiency in Australia
		First, at the political level, the Commonwealth receives the bulk of taxation revenue and is able to exercise considerable political influence over the states and territories in return for the transfer of funds.
		Tasmania were similarly couched in indirect, non-mandatory terms, and this was held not to be fatal to the Commonwealth's position.
		The Commonwealth and State Energy Ministers agreed in late 1991 that mandatory electrical appliance labelling would be introduced in all Australian states and territories, and that the programme would be extended in scope to include all major electrical, gas and solar appliances.
	www.unescap.org /esd/energy/publications/compend/ceccpart2chapter1.htm (4495 words)

	THE FIFTH SIR NINIAN STEPHEN LECTURE THE CONSTITUTIONAL CENTENARY & THE COUNTING OF BLESSINGS
		King George V gave his assent to the Statute of Westminster enacted by the United Kingdom Parliament to confirm the complete legislative independence of the self-governing dominions of the Crown.
		Tasmania v Commonwealth (1985) 158 CLR 1, 221 (per Brennan J).
		Byrnes v Ransley (1949) 79 CLR 101; R v Sharkey (1949) 79 CLR 121; Cooper v The Queen (1961) 105 CLR 177.
	www.hcourt.gov.au /speeches/kirbyj/kirbyj_niniansp.htm (8173 words)

	NATIONALIZING ENVIRONMENTAL PROTECTION IN AUSTRALIA: THE INTERNATIONAL DIMENSIONS
		The controversy in Queensland[32] is a prime example of the problems that a state, as part of a federation, may create when attempting to involve itself in the international environmental regulatory process.
		Tasmania, 158 C.L.R. 1 (1983 Austl.); Richardson v.
		That the Commonwealth is a party to an international treaty does not mean that it acquires general or plenary power over the subject matter dealt with or referred to in the treaty.
	www.ciesin.org /docs/010-567/010-567.html (7071 words)

	The Samuel Griffith Society: Volume 2: Chapter Nine
		At the inaugural conference of this distinguished Society I had the honour to be invited to present a paper on the power of the Commonwealth Parliament, pursuant to s.51(xxix) of the Constitution, to legislate for the peace, order and good government of the Commonwealth with respect to external affairs.
		Commonwealth 76 CLR 1], it is a treasure trove for lawyers, because it ranges across a variety of specific issues and each of the seven Justices decided to give a separate judgment.
		Treasure trove or not, the striking feature of Tasmanian Dam for the purpose of this address is the remarkably tortuous course pursued by the arguments for the Commonwealth, to the effect that a tangled conglomeration of international agreements and regulations to do with conservation led to the result that Tasmania could not build its dam.
	www.samuelgriffith.org.au /papers/html/volume2/v2chap9.htm (3562 words)

	Elliott v Minister for Transport and Infrastructure Development & Northern Territory of Australia;Perperiadis v ...
		Elliott v Minister for Transport and Infrastructure Development and Northern Territory of Australia;Perperiadis v Minister for Transport and Infrastructure Development and Northern Territory of Australia;Walters and Walters v Northern Territory of Australia [2000] NTSC 91Transport - Commercial Passenger (Road) Transport Act (NT) - taxi licences - cancellation - compensation.
		the mere extinguishment by the Commonwealth of a right enjoyed by an owner in relation to his or her property does not amount to an acquisition of property; in the absence of an acquisition of a benefit or an interest in property, however slight and insubstantial it may be.
		That is because, ordinarily at least, a law of that kind does not confer an interest in property or any other benefit on the Commonwealth or any person; and, ordinarily at least, it does not constitute a law that is properly characterised as a law with respect to the acquisition of property.
	www.nt.gov.au /ntsc/doc/sentencing_remarks/0/2000/0/NS001060.htm (4382 words)

	The Samuel Griffith Society: Volume 9: Chapter One
		State laws are exposed to having their purpose negated by, or to being made nugatory under s.109 of the Constitution because inconsistent with, a law which the Commonwealth government has power to enact only because a past or present Minister for External Affairs has chosen that Australia should enter into a treaty on the matter.
		Indeed arrangements were made between the Commonwealth and the States, under which States were to acquire pastoral land cheaply, and use it for soldier settlement in a manner agreed with the Commonwealth, following which the Commonwealth would make a grant to the State based on the less than fair compensation that the State had paid.
		Tasmania (the "Tasmania Dam Case") (1983) 158 CLR 1 per Mason, Murphy, Brennan and Deane JJ.
	www.samuelgriffith.org.au /papers/html/volume9/v9chap1.htm (6271 words)

	Profile: the Australian Constitution & Cyberspace (Site not responding. Last check: 2007-11-06)
		It similarly does not enshrine freedom of speech and - with the exception of personal rights such as the right to trial by jury (section 80) and the right to freedom of religion (section 116) - is largely silent on personal rights.
		Most of the Commonwealth's legislative powers are enumerated in section 51 of the Constitution.
		In relation to content the extent of activities that can be regulated under the corporations power is unclear, with suggestions that the power embraces both regulation of "acts of corporations done for the purposes of trade" and "all external activities of a trading or financial corporation".
	www.caslon.com.au /constitutionprofile.htm (810 words)

	Animal Law Center
		The Commonwealth is permitted to enact any law, provided that the law is characterised as being under at least one of the heads of power.
		Commonwealth places are areas that have been acquired by the Commonwealth government for public purposes.
		[v] Section 51(xxv) of the Constitution allocates certain powers to the Commonwealth to regulate fisheries in Australasian waters, although the Commonwealth, States and Territories have adopted a cooperative approach to jurisdiction and supervision over marine fisheries for the past century.
	www.animallaw.info /nonus/articles/ovaustrailia.htm (4448 words)

	Environment South Australia
		Renard, for example, argued that section 100 is merely a stop on the Commonwealth trade and commerce powers to "unreasonably" restrict State irrigation, but that this proposition is logically consistent with the claim that rights to water are vested in the State.
		v The Commonwealth and Anor (1922) 31 CLR 394; P.J. Magennis Pty.
		The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the water of rivers for conservation or irrigation."
	www.ccsa.asn.au /esa/rivermurray.htm (4859 words)

	Articles - Constitution of Australia (Site not responding. Last check: 2007-11-06)
		The federal distribution of legislative powers in the Australian Constitution is effected by assigning to the Commonwealth Parliament a specified list of powers relating to a range of subjects and purposes, primarily in the 40 numbered paragraphs of section 51, and leaving any powers not thus assigned to be exercised by the states.
		The Commonwealth uses this constitutional power in concert with its large revenues (relative to the States) to exert de facto control or significant influence in such areas as hospitals, main roads and education that would otherwise be solely within the State's legislative competence.
		This view is rejected by the Governor-General, who has stated that Queen Elizabeth II is Australia's head of state, and by the Australian government, which continues to put the Queen's head on all Australian coins, some banknotes and occasional stamps, and otherwise accord her the symbolic status of head of state.
	www.centralairconditioners.net /articles/Constitution_of_Australia (1952 words)

	Australian Public Law (Site not responding. Last check: 2007-11-06)
		State of Tasmania v The Commonwealth of Australia and State of Victoria (1904) 1 CLR 329
		Attorney-General (Cth); Ex rel McKinlay v The Commonwealth (1975) 135 CLR 1
		Commonwealth v Tasmania (The Tasmanian Dam Case) (1983) 158 CLR 1
	www.ntu.edu.au /faculties/lba/schools/Law/apl/caselinks/constitutional_interpretation.htm (456 words)

	1 December 2003 (Site not responding. Last check: 2007-11-06)
		Three of the four judges who dealt with the issue, determined that there was no acquisition by the Commonwealth as it had not acquired a proprietary interest in the land.
		On this reasoning, in Commonwealth v WMC Resources Pty Ltd there was found to be no acquisition where a Commonwealth law extinguished an exploration permit over part of the continental shelf between Australia and East Timor.
		This was distinguished from the position in Newcrest because the Commonwealth had no underlying common law interest in the shelf (as compared to Newcrest where the tenements were not just created by statute, but a modification to the Commonwealth’s pre-existing common law title).
	www.edo.org.au /policy/ausftasub.htm (2687 words)

	A TRIBUTE TO THE HON. SIR ANTHONY MASON, AC KBE
		It is no wonder that the members of the Court remained on the most agreeable terms, though we often divided on issues of the greatest importance.
		See Victoria v The Commonwealth and Hayden ("the AAP Case ") (1975) 134 CLR 338 at 497; Davis v The Commonwealth (1988) 166 CLR 79 at 94-95; Koowarta v Bjelke Petersen (1982) 153 CLR 168 at 229; Commonwealth v Tasmania.
		Jago v District Court (NSW) (1989) 168 CLR 23; McKinney v The Queen (1991) 171 CLR 468; Dietrich v The Queen (1992) 177 CLR 292.
	www.hcourt.gov.au /speeches/brennanj/brennanj_mason3.htm (2080 words)

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