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Section 51(xxvi) supports the rejection of legal equality requirements when considering legislation otherwise validly enacted under the Constitution. [8] Thus legislation empowered by other constitutional powers, such as in the Northern Territory National Emergency Response , [ 9 ] which was empowered by section 122 , [ 10 ] may be racially ...
The High Court's approach to section 51 has changed over time. Initially, the court adopted the 'Reserved Powers' doctrine, an interpretive view that the Australian States had implicitly retained competence in core areas, which were unable to be displaced by the Commonwealth even through reliance upon the powers enumerated in s51.
You are free: to share – to copy ... (The Constitution) as at 2013.pdf/10; Page:Commonwealth of Australia Constitution Act (The Constitution) as at 2013.pdf/11 ...
The Constitution Alteration (Social Services) Bill 1946, [1] was a successful proposal to alter the Australian Constitution to give the Commonwealth power over a range of social services. The question was put to a referendum in the 1946 Australian referendum with two other (unrelated) questions.
However, the defence power must be read in conjunction with other parts of the Australian Constitution — namely, 114. A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth ...
Section 51(xx) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations ...
Melbourne Corporation v Commonwealth, also known as the Melbourne Corporation case or the State banking case, [1] is an important case in Australian constitutional law. It stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from the federal character of the Constitution.
The Australian Constitution confers legislative power to the Commonwealth over marriage (Section 51(xxi)) and matrimonial causes (Section 51xxii)). The Australian Commonwealth created the Family Court of Australia as a specialist court dealing with divorce, including custody of children. However, the custody of children born outside of a ...