12.5 Interpretation of External Affairs Power

Question 1

What is an international treaty?

Answer 1

A legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws

Question 2

What is the “external affairs power?”

Answer 2

Under section 51 of the Australian Constitution, the Commonwealth has the power to create laws in relation to “external affairs”

Question 3

What is ratification?

Answer 3

Confirmation by the nation’s parliament of its approval of an international treaty signed by the government. When the parliament expressly passes legislation that adopts the various rights and responsibilities in a treaty

Question 4

What is a international declaration?

Answer 4

A non-binding agreement between countries that sets out certain aspirations of the parties to the agreement

Question 5

What is the relevance of the The Tasmanian Dam case?

Answer 5

• External Affairs powers

Question 6

What are the facts of Commonwealth v Tasmania (1983)?

Answer 6

• Hydroelectrical company wanted to make a dam on the Franklin River that would generate jobs and affordable electricity
• It had complete support from the Tasmanian State Parliament
• After 1974 became a signatory to the Convention Concerning the Protection of the World Cultural and Natural Heritage, it passed legislation of the World Heritage Properties Conservation Act 1983 (Commonwealth) which opposed the building of the dam
• The Tasmanian Govt argued that the legislation was unconstitutional, and that it intervened with state responsibility

Question 7

What was held by the High Court in Commonwealth v Tasmania (1983)?

Answer 7

High Court interpreted that all aspects of Australia’s relationship with other countries so that it had the power to make laws in order to fulfil Australia’s obligations under international treaties

Question 8

What was the significance of Commonwealth v Tasmania (1983)?

Answer 8

The High Court’s interpretation to include “external affairs” to any area covered by an international treaty that increased the Cth power at the expense of the states

Question 9

What are the strengths of the Commonwealth v Tasmania decision (1983)?

Answer 9

1. Australia can evolve rather than be stuck in outdated community values
2. Allows for countries to act together, so we are a respected member of the global community

Question 10

What are the weaknesses of the Commonwealth v tasmania decision (1938)