Australian Constitutional Law

2023 words 9 pages
Australian Constitutional Law

Question One
In order to determine whether Y and Z are subject to the proposed law, the activities of the milling business must be examined and a connection to s51(i) of the Commonwealth of Australia Constitution Act1 (hereafter referred to as the
Common wealth) must be established. Also to be considered is the purpose of the legislation, or whether purpose is necessary to the power at all. One limitation to s51(i) to be addressed is the geographical distinction which it requires, and what peripheral activities might the courts be willing to deem interstate or intrastate trade.
Y and Z, to their knowledge, engage only in intrastate trade. However it would be unreasonable to assume that some
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In conclusion section 51(i) is not a purposive power. It is not without difficulty the task of characterisation, however after exploring the methods adopted by the courts, the interstate trade of Y and Z compared to the volume in Noarlunga, is comparatively insignificant. Furthermore, when looking to peripheral activities, the link is broken through the middle intrastate stage being that of the agent whose ongoing activities are not known for certain. This is not a direct physical link, and as evidenced in previous decisions, the geographical distinction is an express requirement of s51(i). As a result, Y and Z would not be subject to the proposed legislation.


Bourke Appliances Pty Ltd v Wonder (1965) V.R.511
Beal v Marrickville Margarine Ltd (1966) 114 CLR 283


Australian Constitutional Law

Question 2
To determine whether Woollahra Municipal Council (WMC) must comply with the legislation, the entity must be questioned as a trading corporation. Secondly, the activities of the entity must be examined in regard to the limits of s51(xx) of the Constitution. Thirdly, the incidental powers must be explored to see how far the Commonwealth control can reach into the activities of a trading corporation.
There are many examples of how the high court has tested the limitations of the legislation based


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