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Section 51(xxxi) Of The Australian Constitution
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. Legislative powers of the Parliament. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just terms. The terms is sometimes referred to in shorthand as the 'just terms' provision. Aside from its importance to Australian Constitutional Law, and Property Law; the section is notable for its role as a plot device in '' The Castle'', an iconic Australian film. Text Section 51(xxxi) reads: Jurisprudence While s51(xxxi) was adapted from the US Constitution's Fifth Amendment, it has many differences. The 'just terms' requirement has been held not to affect the State Parliaments. In ''Grace Bros Pty Ltd v The Commonwealth'' (1946), Justice Dixon stated that the inclusion of the condition was to "prevent arbitrary exercises of the power at the expense of a State or a subject.". The interpretation of the terms "acquis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Constitution Of Australia
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] |
Bank Of New South Wales V Commonwealth
''Bank of New South Wales v The Commonwealth'', also known as the Bank Nationalisation Case, is a decision of the High Court of Australia. that dealt with the constitutional requirements for property to be acquired on "just terms",(xxxi) "The Parliament shall, subject to this Constitution, have power to make laws for ... the acquisition of property on just terms ...". and for interstate trade and commerce to be free. Trade within the Commonwealth to be free. The High Court applied an 'individual rights' theory to the freedom of interstate trade and commerce that lasted until 1988, when it was overturned in favour a 'free trade' interpretation in ''Cole v Whitfield''.. Background Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. To accomplish this goal the Parliament passed the '' Banking Act 1947''. Under the Act, shares in the private banks would be owned by ... [...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] |
Section 122 Of The Constitution Of Australia
Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. This power is called the ''territories power''. The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament. The precise text of the section is: The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit. Relationship with other provisions A court created for a Territory under the territories power is not a "court creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Market Value
Market value or OMV (Open Market Valuation) is the price at which an asset would trade in a competitive auction setting. Market value is often used interchangeably with ''open market value'', ''fair value'' or ''fair market value'', although these terms have distinct definitions in different standards, and differ in some circumstances. Definition International Valuation Standards defines market value as "the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion". Market value is a concept distinct from market price, which is "the price at which one can transact", while market value is "the true underlying value" according to theoretical standards. The concept is most commonly invoked in inefficient markets or disequilibrium situations where prevailing market prices are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pye V Renshaw
''Pye v. Renshaw'',. is a High Court of Australia case that deals with the interaction between section 51(xxxi) of the Constitution, Legislative powers of the Parliament. (the Commonwealth's power to acquire property on just terms) and section 96 of the Constitution (the grants power). Financial assistance to States. This case followed from '' P. J. Magennis Pty. Ltd. v. Commonwealth'', which held that a Commonwealth law to purchase land via the New South Wales government was invalid. The Commonwealth amended the law, such that the reference to acquisition of land was removed.. The Court held that the law was valid; thus, the Commonwealth was able to get around the restrictions in section 51(xxxi) by ensuring that the law could not be characterised as land acquisition. Hence, section 51(xxxi) does not restrict the section 96 grants power. See also * Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
P J Magennis Pty Ltd V Commonwealth
''P. J. Magennis Pty. Ltd. v. Commonwealth'',. is a High Court of Australia case that deals with the Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Constitution. Legislative powers of the Parliament. The Commonwealth government wished to purchase land for resettlement after World War II. Because the States are not required to acquire property on just terms, the Commonwealth government entered into a deal with the New South Wales government, which would purchase the land for a lower price. The Commonwealth government would then pay the New South Wales government in the form of a grant ( section 96). Financial assistance to States. The majority characterised the law as being one of acquiring real property, instead of the grants power. Consequently, the law was amended to remove references to the acquisition of property. The validity of a grant in the absence of a requirement to acquire property was upheld in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cunningham V Commonwealth
Cunningham is a surname of Scottish origin, see Clan Cunningham. Notable people sharing this surname A–C *Aaron Cunningham (born 1986), American baseball player *Abe Cunningham, American drummer * Adrian Cunningham (born 1960), Australian archivist *Alan Cunningham, British Second World War general *Alexander Cunningham (1814–1893), British archaeologist, father of the Archaeological Survey of India *Alexander Cunningham, 1st Earl of Glencairn (1426–1488), a Scottish nobleman *Alexander Cunningham, 5th Earl of Glencairn (died 1574), a Scottish nobleman and covenanter * Alfred Austell Cunningham, American aviation pioneer * Allan Cunningham (other) or Allen Cunningham, several people *Andrew Cunningham, 1st Viscount Cunningham of Hyndhope, British Second World War admiral *Andrew Cunningham (other) or Andy Cunningham, several people *Archibald Cunningham (1879–1915), Scottish footballer *Bert Cunningham (1865–1962), American baseball player *Bertram ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain Tobacco Packaging
Plain tobacco packaging, also known as generic, neutral, standardised or homogeneous packaging, is packaging of tobacco products, typically cigarettes, without any branding (colours, imagery, corporate logos and trademarks), including only the brand name in a mandated size, font and place on the pack, in addition to the health warnings and any other legally mandated information such as toxic constituents and tax-paid stamps. The appearance of all tobacco packs is standardised, including the colour of the pack. The removal of branding on cigarette packaging is a regulation of nicotine marketing and aims to deter smoking by removal of positive associations of brands (including design and symbol) with the consumption of tobacco. It also aims to remove an available avenue of brand advertising for cigarette companies. Australia was the first country in the world to introduce plain packaging, with all packets sold from 1 December 2012 being sold in logo-free, drab dark brown packagin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
JT International SA V Commonwealth
JT may refer to: Arts and media * ''Jakobstads Tidning'', a Finland-Swedish newspaper * Jimma Times, owner of the Ethiopian newspaper ''Yeroo'' * ''Jornal da Tarde'', a Brazilian newspaper from São Paulo * ''JT'' (album), 1977 album by James Taylor * ''J.T.'' (album), 2021 album by Steve Earle & The Dukes * J.T. Lambert, a character in the American television sitcom '' Step by Step'' * J.T. Martin, a character in the TV sitcom ''Silver Spoons'' * JT LeRoy, a literary persona created in the 1990s by American writer Laura Albert * J.T. Yorke, a character in ''Degrassi: The Next Generation'' Businesses and organizations * Japan Tobacco, a cigarette manufacturer * Jersey Telecom, the Jersey telephone company * JT, the IATA airline designator for Lion Air People In arts and entertainment * James "J.T." Taylor (born 1953), lead singer of the band Kool and the Gang * JT the Bigga Figga (born 1971), a hip-hop artist and producer * J. T. the Brick (born 1965), an American talk rad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
