
	Where results make sense

Topic: Section 51 of the Australian Constitution

Related Topics

P 51 Mustang

STS 51 L

STS 51

51 BC

Area 51

Heinkel He 51

STS 51 F

STS 51 B

51 number

Martin XB 51

STS 51 G

STS 51 C

In the News (Tue 14 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Queensland's Constitutional Convention - Background Document
		Section 106 of the Constitution preserved the Constitutions of the colonies as Constitutions of the States "until altered in accordance with the Constitution of the State".
		Section 6, which provides that a State law "respecting the constitution, powers or procedure of the Parliament of the State shall be of no force or effect unless it is made in such manner and form as may from time to time be required...".
		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.
	www.constitution.qld.gov.au /bg1.htm (3038 words)

	The Invasion of Iraq and the Australian Consitution
		Australian Federation on 1/January/1901 resulted in the adoption of the Australian Constitution, which created specific Commonwealth powers, and left the several States as controlling the undefined residue of power, administered by authority of the former colonial constitutions.
		S 1 of the Commonwealth Constitution clearly states that legislative power is vested in the Legislature (Commonwealth Houses of Parliament), S 61 that executive power is vested in the Crown (delegated through the Governor-General), and S 71 that judicial power is vested in the courts mentioned in the Constitution.
		Section 51 (vi) does not authorise "war" or "overseas military activity", but rather "defence of the Commonwealth and of the several States." The choice of wording by the Founders of the Australian Constitution was deliberate and with clear intention.
	members.iinet.net.au /~jenks/keane/02IraqAusConst.html (5012 words)

	Section 51 of the Australian Constitution - Wikipedia, the free encyclopedia
		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.
		Section 51 appears to limit the areas of federal involvement.
	en.wikipedia.org /wiki/Section_51_of_the_Australian_Constitution (894 words)

	BBC - h2g2 - Australian Politics - A Short (But Comprehensive) Guide
		Section 51 of the Australian Constitution defines the powers to be exercised by the new Federal government.
		Section 128 establishes that the Constitution can only be changed through a referendum at which a majority of voters in a majority of States, and an overall majority of voters nationwide, must agree to the proposed change.
		Australian authorities attempt to identify and establish the credentials of people claiming political asylum as refugees, but until their status is settled, they are held separate from the general population in remote detention centres.
	www.bbc.co.uk /dna/h2g2/A657119 (4765 words)

	PlanetPapers - The Australian Constitution and the Use of Convention
		The Constitution of Australia is a written document, which came into effect when the six colonies federated to form the Commonwealth of Australia in 1901.
		A great many Commonwealth powers, under section 51, are concurrent with those of the states, and it is by this that the Commonwealth has been able to extend its control.
		Section 109 states that if Commonwealth legislation conflicts with state legislation, the Commonwealth immediately takes precedence, thus encroaching on what was once state political territory.
	www.planetpapers.com /Assets/3041.php (1288 words)

	Human Rights and Equal Opportunity Commission Website: Legal Information (Site not responding. Last check: 2007-10-03)
		Section 18 of the SDA covers authorities or bodies that are empowered to confer, renew, extend, revoke or withdraw a qualification or authorization that is needed to practise a profession, carry on a trade or engage in an occupation.
		The section deals with the refusal or failure to provide a qualification or authorization, the terms and conditions on which it is provided, the revocation or withdrawal of the qualification or authorization and the variation of the terms on which it is held.
		Section 25 of the SDA covers membership and access to the benefits and facilities of a club and the committee of management of a club including applications for membership and the terms and conditions of the membership, access to benefits and facilities provided by the club, depriving membership or varying the terms of the membership.
	www.humanrights.gov.au /legal/special_measures/1996_sex_guidelines.html (11560 words)

	DD Units - Lower Sec. - Law
		All Australian States and Territories, and the Commonwealth, have their own constitutions that set out the areas in which their main law-making bodies, the parliaments, can make laws.
		In instances where it is not clear if the Commonwealth has the power under its Constitution to make laws in a particular area, the High Court decides how the Constitution should be interpreted, and whether the law-making power in that area belongs to the Commonwealth or to a State or Territory.
		Section 51 (v) of the Constitution gives the Commonwealth power to make laws about ‘postal, telegraphic, telephonic and other like services’.
	www.curriculum.edu.au /ddunits/units/ls2fq4acts.htm (1541 words)

	lastmagi: Start (Site not responding. Last check: 2007-10-03)
		Section 2 of the Australian Constitution provides that a Governor-General shall represent the Queen in Australia and the Governor-General carries out all the functions of a head of state, without reference to the Queen.
		Because the Australian Constitution dates from 1900, when the Dominions of the British Empire were not independent states in their own right, the term head of state is not used in the Australian Constitution.
		Canada s constitution is made up of a variety of statutes and conventions that are either British or Canadian in origin, which gives Canada a similar parliamentary system of government as the UK and other Commonwealth Realms.
	lastmagi.mbablogs.businessweek.com (579 words)

	[No title]
		The United States and Australian governments are described using very different words; however, both have a federal system with a separation of power between the local and central (federal) government established by their respected constitutions.
		The writers of the Constitution of the United States wanted to distinguish the new government from Great Britain and to avoid the problems of representation that they suffered under British control.
		While one political party may promise stronger power for the states and another a stronger central government, the United States Constitution would have to be amended for a big change in the federal system to occur.
	filebox.vt.edu /s/sbradsha/Australia.doc (1127 words)

	Workers Online : December 2005 : A Law Unto Themselves
		At Federation in 1901, the colonies agreed to 'unite in one indissoluble Federal Commonwealth', as proclaimed by the preamble to the Australian Constitution.
		Section 51 of the Australian Constitution lists the subject matter with respect to which the Commonwealth parliament is entitled to make laws.
		This is currently being determined with respect to the present federal legislation: the union representing the employees of Newcrest Mine is attempting to have a state tribunal exercise some powers of conciliation and, or, recommendation in relation to their dispute.
	workers.labor.net.au /features/200512/b_tradeunion_shaw.html (3433 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 (670 words)

	JENNY'S RED NEWS: RON McCALLUM ON WORKCHOICES
		As most Australian employees (especially in the private sector) are employed by trading corporations, it is this constitutional power over corporations which does most of the Parliament's "heavy lifting" to give the Work Choices laws their broad coverage.
		In fact, the labour power which is contained in section 51(xxxv) of the Australian Constitution, [4] is not relied upon by the Parliament to uphold the Work Choices scheme, other than with respect to some transitional arrangements.
		Almost all Australian policy makers are in favour of a process to set a minimum wage, however, there is sharp disagreement on how this should be done and on what criteria a minimum wage should be based.
	jennysrednews.blogspot.com /2006/10/ron-mccallum-on-workchoices.html (7613 words)

	Animal Law Center
		Two of the section 51 heads of power that are significant for animal law purposes are the external affairs power and the corporations power.
		Whilst examining the section 51 heads of power that may be significant for animal law purposes, consideration should also be given to section 51(xxxvii) or the 'Referral Power', which enables the States to refer certain of their powers (including animal welfare matters) back to the Commonwealth.
		Some of the sections which are not covered but which the reader may like to explore further include Sections 92 (which provides for freedom of intrastate trade) and section 51(i) (which provides for the power to make laws with respect to trade and commerce with other countries and among the States).
	www.animallaw.info /nonus/articles/ovaustrailia.htm (4448 words)

	Legislating for property rights in fisheries
		Although Australian states and the Commonwealth are all separate jurisdictions each with its own jurisprudence, nevertheless an extremely high persuasive value is placed in each jurisdiction on the law of the others.
		The appellant had contended that alterations to the Management Plan constituted legislation extinguishing a cause of action against the Commonwealth, which amounted to acquisition of property under section 51(xxxi) of the Constitution.
		However, like the Australian cases dealing with the constitutional issue of section 51(xxxi.), the Court in the Foss Case was able to avoid finding liability for property deprivation on other grounds - it decided that procedural due process had been observed by the government when the initial allocation process was undertaken.
	www.fao.org /docrep/007/y5672e/y5672e08.htm (7488 words)

	United Nations Human Rights Website - Treaty Bodies Database - Document - State Party Report - Australia (Site not responding. Last check: 2007-10-03)
		In Queensland, section 9 of the Evidence Act 1977 permits a child to give evidence where, even though the child does not understand the nature of an oath, a court is satisfied the child has sufficient intelligence to give reliable evidence.
		Where a child is between the age of eight and 14 there is a rebuttable presumption that the child is incapable of committing an offence because she or he did not have the capacity to know that the particular act or omission was wrong.
		Section 7 of the Young Offenders Act 1994 provides that detention of a young person should only be used as a last resort and then only for as short a time as possible.
	www.unhchr.ch /tbs/doc.nsf/(Symbol)/CRC.C.8.Add.31.En?OpenDocument (15668 words)

	SSRN-Maximising Social Utility and Protecting Private Rights: Constitutional Property Rights in Australia by Simon Evans
		Section 51(xxxi) of the Australian Constitution operates as one of the few rights-protecting provisions in the Constitution.
		Constitutional property clauses such as s 51(xxxi) attempt to mediate the perennial, and irreducibly moral, conflict between the need for stability of entitlements, on the one hand, and the need for flexibility and modification of entitlements in light of changed circumstances, on the other.
		However, there may be a way forward in an interpretive approach that directly recognises the primacy of political institutions in resolving the conflict between stability and flexibility, coupled with measures that increase the capacity of those institutions to address property rights issues.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=573201 (420 words)

	ourcommunity.com.au - Advocacy - Help Sheet: Government relations - local, state and federal (Site not responding. Last check: 2007-10-03)
		Matters incidental to the execution of the Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.
		Under section 96 of the constitution, the Federal government can use things called "tied grants" to distribute the revenue it has collected for the states; however this money usually comes with conditions on how to spend that money.
		The High Court is the court that decides cases that are constitutional and is therefore the highest court in Australia.
	www.ourcommunity.com.au /green/green_article.jsp?articleId=2404 (1060 words)

	Info 2
		Section 51 of the Australian Constitution states that the parliament shall - "have power to make laws for the peace, order and good government of the Commonwealth." (Emphasis added)
		The clan that is the yindi side of the equation, have their own constitutional law (as represented by their Dhulmu-mulka Bathi — sacred Dilly Bags) which gives them the right to own land and sea, together with all the resources therein.
		A similar event occurs in the Australian parliament with the empowering of the Houses of Parliament.
	www.ards.com.au /info2.html (1075 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)

	Treaty making and Australian law - [1998] HotTopics 2
		Section 51(xxix) of the Australian Constitution gives the Federal Government a n 'external affairs' power.
		Before proceeding to accession or ratification, the Australian Government generally consults with the States to ensure that there is a legislative framework which is consistent with international obligations.
		The Treaties Council, agreed upon by the Council of Australian Governments on 14 June 1996, consists of the Prime Minister and all the State Premiers and Chief Ministers of the Territories.
	www.austlii.edu.au /au/other/liac/hot_topic/hottopic/1998/2/4.html (1006 words)

	COTA's submission into public dental services (Site not responding. Last check: 2007-10-03)
		The Australian Institute of Health and Welfare shows that the prevalence of dental problems increases with age but that across all age groups there has been steady improvement in dental health.
		Medical and dental practitioners were accorded the same status in the Constitution in terms of the prohibition on their civil conscription.
		The reading of the Constitution leaves little doubt that at the time of the 1946 amendment, a role for the Commonwealth was envisaged in the provision of dental services.
	www.cota.org.au /dental.htm (4926 words)

	Government in Australia - Frequently Asked Questions (FAQ) - australia.gov.au (Site not responding. Last check: 2007-10-03)
		Section 51 of the Australian Constitution defines forty specific areas over which the Commonwealth has the power to make laws.
		Unlike the states, whose powers are defined through the Constitution, the powers of these territories are defined in the Commonwealth law which grants them the right of self-government.
		Under Section 121 of the Australian Constitution, territories can become states with the approval of the Commonwealth Parliament.
	www.australia.gov.au /govt-in-aust-5faq (728 words)

Try your search on: Qwika (all wikis)