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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 (fair) terms. The subclause 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 Australian film '' The Castle''. 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 "acqui ... [...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 the Parliament of Australia by the Australian States at 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) the interstate trade and commerce power, (ii) the taxation power, (xx) the corporations power, and (xxix) the external affairs power. This is because these sections ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of New South Wales V Commonwealth
The ''Bank Nationalisation Case'', also called ''Bank of New South Wales v Commonwealth'' (1948) 76 CLR 1, is a 1948 decision of the High Court of Australia (upheld on appeal to the Privy Council) that invalidated Chifley government legislation that attempted to nationalise the private banking sector. Separate majorities held that the legislation breached three different provisions of the Constitution: section 92 (requiring trade and commerce between the states to be "absolutely free"), section 51(xxxi) (requiring compulsory acquisition of property to be "on just terms") and section 75(iii) (which grants the High Court original jurisdiction in cases where the Commonwealth is sued). A subsequent appeal application by the Commonwealth to the Privy Council was dismissed on jurisdictional grounds. The Board held that the case involved potential questions around the limits of the powers between the Commonwealth and the states and hence they were precluded from hearing the case ... [...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 A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ... 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, an ... [...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 a ... [...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, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral 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 Unit ... [...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 interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
P J Magennis Pty Ltd V Commonwealth
P, or p, is the sixteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''pee'' (pronounced ), plural ''pees''. History The Semitic Pê (mouth), as well as the Greek Π or π ( Pi), and the Etruscan and Latin letters that developed from the former alphabet all symbolized , a voiceless bilabial plosive. Use in writing systems English In English orthography, represents the sound . A common digraph in English is , which represents the sound , and can be used to transliterate ''phi'' in loanwords from Greek. In German, the digraph is common, representing a labial affricate . Most English words beginning with are of foreign origin, primarily French, Latin and Greek; these languages preserve the Proto-Indo-European initial *p. Native English cognates of such words often start with , since English is a Germanic language and thus has undergone Grimm's l ... [...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 C ... [...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 Tobacco packaging warning messages, 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 tobacco advertising, brand advertising for cigarette companies. Australia was the first country in the world to introduce plain packaging, with all packets sold from 1 December ... [...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'' (James Taylor album), 1977 * ''J.T.'' (Steve Earle & The Dukes album), 2021 * 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 * JT the Brick (born 1965), an American talk radio host * J. T. Brow ... [...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 The ''Australian Guide to Legal Citation'' (AGLC) is published by the ''Melbourne University Law Review'' in collaboration with the ''Melbourne Journal of International Law'' and seeks to provide the Australian legal community with a standard fo ...'', 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 Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
