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Section 51(xx) Of The Australian Constitution
Section 51(00) 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 ...
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Section 51 Of The Australian Constitution
Section 51 of the Constitution of Australia enumerates the legislative powers granted to the Parliament of Australia by the States and territories of Australia, Australian States at Federation of Australia, Federation. Each subsection, or 'head of power', provides a topic under which the parliament is empowered to make laws. There are other sections in the constitution that enable the parliament to enact laws, although the scope of those other sections are generally limited in comparison with section 51. The powers The powers enumerated within section 51 are reflective in their topics of being those that Australia's colonies perceived as being best within the purview of a national government. The full list of powers is available on the Australian Parliament'website In modern times, the most prominent heads of power for Commonwealth legislative purposes are arguably: (i) Section 51(i) of the Australian Constitution, the interstate trade and commerce power, (ii) the Section 51(ii) ...
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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 antiquated 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 the s ...
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Bond University
Bond University is Australia's first private university, private not-for-profit university and is located in Robina, Queensland, Robina on the Gold Coast, Queensland. Since its opening on 15 May 1989, Bond University has primarily been a teaching-focused higher education institution featuring a three-semester-per-year timetable. 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 Bond Corporation, Alan Bond, the president of the Japanese-based Electronics and Industrial Enterprises International (EIE), Harunori Takahashi and Dr Taro Tanioka, in a joint venture to manage the land and construction of the buildings of the university. The university's buildings and surrounding land initially covered approximately 212 hectares and encompassed what was p ...
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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 ''Industrial Relations Reform Act 1993'', 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 ...
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WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government#Fourth term: 2004–2007, 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 of Australia, 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 ...
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St George County Council
St George County Council was a county council and local ratepayer-owned electricity supply utility in the St George area of southern Sydney, Australia. It supplied electricity to consumers in the Kogarah, Hurstville, Rockdale and Bexley Municipalities (Bexley merged with Rockdale in 1949). It existed, from 4 December 1920, until 1 January 1980 when its operations and assets, and those of Mackellar Country Council and Brisbane Water County Council, were merged into the existing Sydney County Council. It obtained its bulk power from the New South Wales Government Railways (after 1932, New South Wales Department of Railways), until 1953 when the electricity generation assets of that entity became part of the Electricity Commission of New South Wales. It was the first of many county councils, which were an important part of the mixed economy that existed in New South Wales, during the interwar and post-war periods of the 20th Century. Of the various publicly-owned trading enti ...
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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 the United ...
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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 wo ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court 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 law, criminal matters. Cases are heard at first instance mostly by single judges. In cases of importance, a full court comprising three judges can be convened upon determination by the Chief Justice. The Court also has Appellate court, appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges (although sometimes by a panel of five judges and sometimes by a single judge), 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 ...
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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 Australia. 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 distribution of power from the States to t ...
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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 ...
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Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ...
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