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The term "external affairs" was used in section 51(xxix) rather than "foreign affairs" to make it clear that relations with the United Kingdom and other parts of the British Empire were intended to be included. When the Australian Constitution was created in 1901, the United Kingdom and its possessions were not conceived of as "foreign" to ...
The incidental power (xxxix) allows the Commonwealth to act on matters 'incidental' any power of the constitution. Most notably this includes section 61 of the constitution, which vests the Australian Government with Executive Power. As a result, it is one of the most important sections in practice.
Section 51(xxix) of the Australian Constitution, which simply states that the Parliament has power to make laws with respect to "external affairs" (a term which is left undefined), was put forward as an alternative source of authority for the Act. The Commonwealth in a submission argued that since the Act gave effect to Australia's ...
Polyukhovich v The Commonwealth [1991] HCA 32; (1991) 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth.
Because of the wide scope of the external affairs power, section 51(xxx) has remained largely unused, though it was considered in Ruhani v Director of Police [2] (a case which dealt with the High Court of Australia's ability to hear appeals from the Supreme Court of Nauru) and was held obiter as being "conferred for reasons entirely unrelated to judicial power".
Section 51(xxxi) of the Australian Constitution provides that the federal government has the power to appropriate property "on just terms" for any other purpose it has powers to make laws about (see Section 51 of the Constitution of Australia: for example, acquiring land to build a military base). The crucial phrase in this section is "on just ...
The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), [1] 90, [2] 53, [3] 55, [4] and 96, [5] of the Constitution of Australia. Their interpretation by the High Court of Australia has been integral to the functioning and evolution of federalism in Australia .
The Australian people voting at the 1967 referendum deleted the words in italics, moving and centralising the existing State Parliaments' race power to the Federal government. Edmund Barton had argued in the 1898 Constitutional Convention that s 51(xxvi) was necessary to enable the Commonwealth to "regulate the affairs of the people of coloured ...