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D'Emden V Pedder
''D'Emden v Pedder''. was a significant Australian court case decided in the High Court of Australia on 26 April 1904. It directly concerned the question of whether salary receipts of federal government employees were subject to state stamp duty, but it touched on the broader issue within Australian constitutional law of the degree to which the two levels of Australian government were subject to each other's laws. The case was the first of several in which the High Court applied the implied intergovernmental immunities doctrine, relied on in the Supreme Court of the United States case of '' McCulloch v. Maryland'','' McCulloch v. Maryland'' which held that the state and Commonwealth governments were normally immune from each other's laws, and which, along with the reserved State powers doctrine, would be a significant feature of Australian constitutional law until both doctrines were rejected in the landmark Engineers' case in 1920. The case is also significant as the first c ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Reserved State Powers
Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP group, which has more than 1,700 retail stores located in over 20 countries and also owns such brands as Cropp, House, Mohito, and Sinsay. There are more than 460 Reserved retail stores around the world. History The LPP company was established in 1989 and the first stores under the Reserved fashion brand were opened in 1999. The founders of the company are Marek Piechocki, a civil engineering graduate from the Gdańsk University of Technology and businessman Jerzy Lubianiec. In 2001, the company made its debut on the Warsaw Stock Exchange. In 2014, Reserved opened their first store in Germany, in Recklinghausen. September 2016, it was announced that Reserved would be taking over the lease on the former British Home Stores (BHS) flagship store on London's Oxford Street. The store officially opened on 6 September 2017. In October ...
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Section 52 Of The Constitution Of Australia
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federalism, federal parliamentary system, parliamentary constitutional monarchy. Like other Westminster system, Westminster-sty .... The chapter consists of 60 sections which are organised into 5 parts. Part I: General Part I contains 6 sections: * Section 1: Legislative power * Section 2: Governor-General * Section 3: Salary of Governor-General * Section 4: Provisions relating to Governor-General * Section 5: Sessions of Parliament. Prorogation and dissolution * Section 6: Yearly session of Parliament Part II: The Senate Part II contains 17 sections: *Section 7: The Senate *Section 8: Qualification of electors *Section 9: Method of election of senators in the senate *Section 10: Application of State laws *Sect ...
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Postmaster-General's Department
The Postmaster-General's Department (PMG) was a department of the Australian federal government, established at Federation in 1901, whose responsibilities included the provision of postal and telegraphic services throughout Australia. It was abolished in December 1975 and replaced by the Postal and Telecommunications Department. Two separate legal entities had been established in July 1975 to take over the department's operations: Telecom Australia (colloquially "Telecom"; later became Telstra) and Australia Post. History The Postmaster-General's Department was created in 1901 to take over all postal and telegraphy services in Australia from the states and administer them on a national basis. The department was administered by the postmaster-general. The first permanent secretary of the department was Sir Robert Townley Scott, who held office from 1 July 1901 until his retirement on 31 December 1910. In its first 25 years, the department grew from 6,000 to 10,000 off ...
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James Drake (politician)
James George Drake (26 April 1850 – 1 August 1941), often cited as J. G. Drake, was an Australian politician. After a number of years in Queensland colonial politics, he was elected to the Senate at the first federal election in 1901. He subsequently held ministerial office under prime ministers Edmund Barton, Alfred Deakin, and George Reid, serving as Postmaster-General (1901–1903), Minister for Defence (1903), Attorney-General (1903–1904), and Vice-President of the Executive Council (1904–1905). Early life Drake was born on 26 April 1850 in London, England. He was the son of Ann (née Hyde) and Edward Drake, his father being a publican. He was educated at King's College School and then worked for merchant firms for several years. Drake left London in October 1873 and arrived in Brisbane in January 1874. He sought work unsuccessfully in the tin mines at Stanthorpe before finding employment as a store clerk in Toowoomba, later returning to Brisbane. He also spent some ti ...
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Attorney-General Of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitutional ...
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Hobart
Hobart ( ; Nuennonne/Palawa kani: ''nipaluna'') is the capital and most populous city of the Australian island state of Tasmania. Home to almost half of all Tasmanians, it is the least-populated Australian state capital city, and second-smallest if territories are taken into account, before Darwin, Northern Territory. Hobart is located in Tasmania's south-east on the estuary of the River Derwent, making it the most southern of Australia's capital cities. Its skyline is dominated by the kunanyi/Mount Wellington, and its harbour forms the second-deepest natural port in the world, with much of the city's waterfront consisting of reclaimed land. The metropolitan area is often referred to as Greater Hobart, to differentiate it from the City of Hobart, one of the five local government areas that cover the city. It has a mild maritime climate. The city lies on country which was known by the local Mouheneener people as nipaluna, a name which includes surrounding features such as ...
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Tasmania
) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Tasmania , established_title2 = Federation , established_date2 = 1 January 1901 , named_for = Abel Tasman , demonym = , capital = Hobart , largest_city = capital , coordinates = , admin_center = 29 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 ...
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Section 109 Of The Australian Constitution
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between Australian law, federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the Paramountcy (Canada), paramountcy doctrine in Canadian federalism, Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is i ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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