|
Section 51(xx) Of The Constitution Of Australia
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 power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in ''Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Australian Constitution
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secondary Boycott
Secondary may refer to: Science and nature * Secondary emission, of particles ** Secondary electrons, electrons generated as ionization products * The secondary winding, or the electrical or electronic circuit connected to the secondary winding in a transformer * Secondary (chemistry), a term used in organic chemistry to classify various types of compounds * Secondary color, color made from mixing primary colors * Secondary mirror, second mirror element/focusing surface in a reflecting telescope * Secondary craters, often called "secondaries" * Secondary consumer, in ecology * An obsolete name for the Mesozoic in geosciences * Secondary feathers, flight feathers attached to the ulna on the wings of birds Society and culture * Secondary (football), a position in American football and Canadian football * Secondary dominant in music * Secondary education, education which typically takes place after six years of primary education ** Secondary school, the type of school at th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bond University
Bond University is Australia's first private not-for-profit university and is located in Robina, a suburb in the City of Gold Coast, Queensland. Since its founding on 15 May 1989, Bond University has primarily been a teaching-focused higher education institution featuring a three-semester-per-year timetable. The university is ranked 20th in the Times Higher Education (THE) rankings of the Best Small Universities in the World, and has been Australia's top university for the educational experience for 17 consecutive years. Bond comprises four main university schools and academic faculties, through which it offers a range of accelerated undergraduate and postgraduate degrees and programs, diplomas, and non-award programs. History Bond University was established and funded in 1987 by the chairman of the Australian-based Bond Corporation, Mr Alan Bond, and the president of the Japanese-based Electronics and Industrial Enterprises International (EIE), Mr Harunori Takahashi and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workplace Relations Act 1996
The ''Workplace Relations Act 1996'' was an Australian law regarding workplace conditions and rights passed by the Howard government after it came into power in 1996. It replaced the previous Labor Government's ''Industrial Relations Act 1988'', and commenced operation on 1 January 1997. In 2005, the Howard government passed the '' Workplace Relations Amendment Act 2005'' which came into effect on 27 March 2006 and substantially amended the original Act, bringing in the ''WorkChoices'' changes to Australian labour law. The Act was repealed on 1 July 2009 by the ''Fair Work Act 2009'' passed by the Rudd Labor Government, and superseded by the ''Fair Work (Registered Organisations) Act 2009''. Provisions The Act provided for the continuation of the existing federal award system which provided a minimum set of terms and conditions for employment. It kept the previous Australian Industrial Relations Commission, which continued to determine federal awards but whose determinations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers to submit their certified agreements di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shelf Company
A shelf corporation, shelf company, or aged corporation is a company or corporation that has had no activity. It was created and left with no activity – metaphorically put on the "shelf" to "age". The company can then be sold to a person or group of persons who wish to start a company without going through all the procedures of creating a new one. Reasons for buying Common reasons for buying a shelf corporation include: * To save the time involved in taking the steps to create a new corporation. * To gain the opportunity to bid on contracts. Some jurisdictions require that a company be in business for a certain length of time to have this ability. * To show corporate longevity in order to attract consumers or investors. * To gain access to corporate credit. These reasons are open to criticism. Many years ago, it would take months to properly incorporate a business. However, it is now quite easy, at least in Australia, Canada, the United States, Western Europe and Dubai, to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth V Tasmania
''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case centred on the proposed construction of a hydro-electric dam on the Gordon River in Tasmania, which was supported by the Tasmanian government, but opposed by the Australian federal government and environmental groups. Background to the case In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on the Gordon River, below its confluence with the Franklin River, in Tasmania's rugged south-west region. The dam would have flooded the Franklin River. In June 1981 the Labor state government created the Wild Rivers National Park in an attempt to protect the river. The boundaries would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales V Commonwealth (2006)
''New South Wales v Commonwealth'' (also called the ''WorkChoices case''), is a landmark decision of the High Court of Australia, which held that the federal government's ''WorkChoices'' legislation was a valid exercise of federal legislative power under the Constitution of the Australian Commonwealth Act 1901. In essence, the majority ( Gleeson CJ, Gummow, Hayne, Heydon & Crennan JJ) found the Constitution's corporations power capable of sustaining the legislative framework, while the conciliation and arbitration and territories powers were also seen as supporting parts of the law. Furthermore, the majority also held that the legislation permissibly limited State powers and did not interfere with State constitutions or functioning. A minority ( Kirby and Callinan JJ) dissented. The case attracted considerable attention before, during and after the High Court decision was delivered on 14 November 2006. As a legal precedent, it may signify a shift in the distributio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales V Commonwealth (1990)
''New South Wales v The Commonwealth'', the Incorporation Case,. was a decision handed down in the High Court of Australia on 8 February 1990 concerning the corporations power in s51(xx) of the Commonwealth Constitution. The states of New South Wales, South Australia and Western Australia brought an application seeking a declaration as to the validity of certain aspects of the ''Corporations Act 1989'' (Cth). Background History of Section 51(xx) Section 51(xx) of the Constitution provides: :''"The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to...'' ::''(xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth..."'' In an early High Court case, '' Huddart, Parker & Co Ltd v Moorehead'',. the corporations power had been construed extremely narrowly, mostly through adherence to the doctrine of reserved state powers which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court. He served terms as president of the NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the House of Representatives at the 1958 Parramatta by-election. Prime Minister Robert Menzies made him Attorney-General by the end of the year, and in 1961 he was additionally made Minister for External Affairs. In 1964, Menzies nominated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
