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Topic: Section 51(v) of the Australian Constitution


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In the News (Sat 28 Nov 09)

  
  The Australian Constitution - Chapter 5 - The States - Sections 106-120
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission of establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State.
Section 116 - Commonwealth not to legislate in respect of religion
www.australianpolitics.com /constitution/text/106-120.shtml   (594 words)

  
  Section 51 of the Australian Constitution - Wikipedia, the free encyclopedia
Section 51 of the Australian Constitution grants legislative powers to the Australian (Commonwealth) Parliament.
Matters covered in section 51 may be legislated on by the states, but the legislation will be ineffective if inconsistent with or in a field 'covered by' Commonwealth legislation (by virtue of s109 inconsistency provision).
Section 51 therefore encompasses a group of ‘nationhood’ powers which reflect what powers a ‘nation’ was viewed as possessing.
en.wikipedia.org /wiki/Section_51_of_the_Australian_Constitution   (876 words)

  
 Untitled
Section 64, third paragraph, expresses the drafters' decision to reject the US "separation" between executive and congress (the President and the members of the Cabinet do not have seats in Congress) in favour of the British practice.
Section 68 does not mean that the Governor-General could take personal command of the military forces; this function must also be exercised in accordance with the advice of ministers.
The main point of this Section is in the fifth paragraph -- that the Constitution cannot be altered unless the alteration is approved by a majority of voters throughout Australia and also by a majority of voters in at least four States.
www.humanities.mq.edu.au /Ockham/comment.html   (5986 words)

  
 [No title]
Section 51(35) has greater significance when read in conjunction with s.109 of the Australian Constitution, which states: When a law of a State is inconsistent with a law of Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
The intent of the Constitutional framers was raised in 1908 by O'Conner J in Federated Sawmill, Timberyard and General Woodworkers Association of Australasia v James Moore and Sons Pty Ltd (The Saw Millers case)[13].
O'Connor J was particularly concerned with the intention of the framers of the Constitution.
www.murdoch.edu.au /elaw/issues/v5n3/bull53.txt   (6457 words)

  
 Conventions in the Australian Political System
Section 61 states: "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
Section 62 states: "There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure.
It was this section of the Constitution that the Governor-General used to dismiss the Whitlam Government in 1975.
www.australianpolitics.com /constitution/conventions   (854 words)

  
 The Australian Constitution: Full Text (Index)
Section 24 - Constitution of House of Representatives
Section 28 - Duration of House of Representatives
Section 42 - Oath or affirmation of allegiance
www.australianpolitics.com /constitution/text   (711 words)

  
 [No title]
Except as provided in this section, this Constitution shall not impair any right which the Queen may be please to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council.
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission of establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
In this section "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation int he House of Representatives.
www.constitution.org /cons/australi.txt   (5281 words)

  
 Australian Constitution   (Site not responding. Last check: 2007-11-03)
CHAPTER V. The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
In this section, "Territory" means any territory referred to in section one hundred and twenty-two of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.
15--The proposed law to alter the Constitution entitled "Constitution Alteration (Simultaneous Elections) 1977" was submitted to the electors in each State of the Commonwealth on 21 May 1977: it was not approved by a majority of all the electors voting in a majority of the States.
www.statusquo.org /constitution/Constitution.html   (8450 words)

  
 The Australian Constitution - Chapter 1, The Parliament - Sections 1-60
The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of members of the House of Representatives; but in the choosing of senators each elector shall vote only once.
Until the Parliament otherwise provides, but subject to this constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections of senators for the State.
Until the parliament otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.
www.australianpolitics.com /constitution/text/1-60.shtml   (3710 words)

  
 Section 51   (Site not responding. Last check: 2007-11-03)
Naming blogs after section numbers is all the rage these days, but those who know me can confirm that I have always been cutting edge.
Section 51 of the old Income Tax Assessment Act 1936 provided for allowable deductions (before 1 July 1997).
Although as an “exception” to the rule, section 51 of the Trade Practices Act 1974 is rather boring.
spaces.msn.com /members/s51   (826 words)

  
 George Williams: The Federal Parliament and the Protection of Human Rights
It established the Constitutional Commission in December 1985 to report on the revision of the Australian Constitution in order, inter alia, to 'ensure that democratic rights are guaranteed'.(49) The Commission was assisted by an Advisory Committee on Individual and Democratic Rights under the Constitution.
The failed 1988 referendum to change the Australian Constitution demonstrated the difficulty of gaining a 'Yes' vote.(84) It showed that bipartisan support is essential for constitutional change and that the support of the Australian people cannot be assumed even for a proposal that is designed to protect the rights of Australians as against government.
Section 2 states that: 'The rights and freedoms contained in this Bill of Rights are affirmed' and section 3 that the Act applies to acts done by the legislative, executive, or judicial branches or by a person or body in the performance of a public function carried out under law.
www.safecom.org.au /billofrights.htm   (9372 words)

  
 Australasian Telecommunications: Regulation
Section 51(v) of the Australian Constitution establishes telecommunications (including broadcasting) as a Commonwealth - ie national - power.
Subject to section 92 of the Constitution the Commonwealth is able to make laws with respect to telecommunications.
The legal framework for Australian telecommunications regulation involves a broad range of legislation, some concerned specifically with market activity within the telecommunications industry, some with content regulation (eg censorship, security and copyright) and some with general trade practices/competition questions.
www.caslon.com.au /austelecomsprofile6.htm   (643 words)

  
 ICL - Australia Constitution
The Constitution was adopted as a schedule to the Commonwealth of Australia Constitution Act, 63 & 64 Vict Chapter 12 of the year 1900.
The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.
The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive office or administrator of the government of the State.
www.oefre.unibe.ch /law/icl/as00000_.html   (7028 words)

  
 Australasian Telecommunications: Agencies
In June 2005 the Australian Communications Authority and Australian Broadcasting Authority merged to form the Australian Communications and Media Authority (ACMA).
The Australian Communications Authority (ACA) was established in 1997 through the merger of the Australian Telecommunications Authority (Austel) with the Spectrum Management Agency.
The Australian Competition and Consumer Commission (ACCC) was established in 1995 through the merger of the Prices Surveillance Authority and the Trade Practices Commission.
www.caslon.com.au /austelecomsprofile5.htm   (1647 words)

  
 The Australian Constitution - Is it safe?   (Site not responding. Last check: 2007-11-03)
Sections 4, 9 (2) and (3) and 10 (2) of the Statute of Westminster, in so far as they are part of the law of the Commonwealth, of a State or of a Territory, have subsequently been repealed by section 12 of the Australia Act 1986.
That view is that section 2 (2) of the Statute of Westminster did not increase the area of the powers of the Australian parliament beyond those laid down in the Australian constitution.
If most Australians do not understand their Constitution itself, then, it would not be too hard to visualise that most voters were probably not aware of the proposed changes to both of the Australia Acts prior to the 6 November 1999 republic referendum.
www.statusquo.org /const_safe.htm   (10996 words)

  
 eBay Guides - Postage Stamps And Postal History Of Australia
At federation the Commonwealth was granted the power to operate a central postal system through Section 51(v) of the Australian Constitution.
Although unification of systems was expected to occur quickly, and a federal postmaster general was appointed, the process was delayed for several years; the stamps of each colony were not recognized by other colonies until 1910, and postal rates only became uniform throughout Australia on 1 May 1911.
Stamp-issuing policy was relatively restrained in the 1970s, but in the 1980s and 1990s, considerable numbers of stamps began to appear, and many miniature sheets were overprinted for local stamp shows.
reviews.ebay.com /Postage-Stamps-And-Postal-History-Of-Australia_W0QQugidZ10000000002002358   (894 words)

  
 Parliament of Australia: Senate: Constitution - Chapter 1 part V
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's pleasure.
The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.
www.aph.gov.au /senate/general/constitution/par5cha1.htm   (1174 words)

  
 The Australian Constitution - Sections 51-60 - Chapter 1, Part 5 - Powers of the Parliament
The Australian Constitution - Sections 51-60 - Chapter 1, Part 5 - Powers of the Parliament
Sections 51 52 53 54 55 56 57 58 59 60
Did you find what you wanted on this page?
www.australianpolitics.com /constitution/text/51-60.shtml   (1273 words)

  
 The Australian Monarchist League   (Site not responding. Last check: 2007-11-03)
The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is herein-after called "The Parliament," or "The Parliament of the Commonwealth."
The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Government to the Governor-General.
Notwithstanding anything in section twenty-four, the number of members tobe chosen in each State at the first election shall be as follows:-
www.monarchist.org.au /constitution.html   (11627 words)

  
 The Australian Constitution
Click here to download your own Windows-based copy of the Constitution.
Liberal Democracy - an explanation of the political values associated with western liberal democracies.
June 8, 2001: Communique From The Council Of Australian Governments Meeting
pandora.nla.gov.au /pan/21947/20011112/vcepolitics.com/constitution   (661 words)

  
 Australian Law Online: Home page   (Site not responding. Last check: 2007-11-03)
If you wish to try the link again, you can return to the previous page you visited by clicking on the ‘back’ button.
You can also try going to the Australian Law Online
If this error has been caused by a link within the Australian Law Online website, you can
law.gov.au /auslegalsys/auslegalsys.htm   (138 words)

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