express rights Flashcards

1
Q

what is the right to free interstate trade and commerce?

A

this right ensures that trade and commerce between the states and territories is free. for example, it restricts the imposition of taxes on goods moving from one state to another.

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2
Q

what is the right to not be discriminated against by the commonwealth on the basis of the state where you reside?

A

this right makes it unlawful for the commonwealth to discriminate against someone based on the state in which they live. this means that residents of Victoria cannot be subject to a Commonwealth law that would treat them less favourably that people living in NSW

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3
Q

what is the right to receive ‘just terms’ when property is acquired by the commonwealth?

A

this rights ensures that the commonwealth pays fair and reasonable compensation for any property that they compulsorily acquire (or gain). also, the commonwealth can only obtain property for a purpose or area for which it has the power to make laws (e.g. for airports)

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4
Q

what is the right to a trial to by jury for indictable commonwealth offences?

A

this right ensures that people who are charged with indictable commonwealth offences (e.g. terroism offences, people smuggling, and importing illegal drugs) have a trial by jury.

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5
Q

what is the right to freedom of religion?

A

the right provides citizens with a limited right to freedom of religion. this right prohibits the Commonwealth from making laws that establish a religion or that ban people from practising their religion.

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