SAC 2A Practice Q's (The Constitution)

Question 1

Explain section 92 of the Constiution.

Answer 1

“Trade within the Commonwealth to be free”.

Restricts the states from making laws that interfere with free trade within the Commonwealth.
However, legislation is acceptable as long as it does not impose a burden on interstate trade, or discriminate against interstate trade.

Question 2

Explain section 75 of the Constitution.

Answer 2

“Original Jurisdiction of the High Court”.

The High Court has original jurisdiction in matters which:

• arise under any treaty.
• affect consuls or representative of other countries.
• the Commonwealth or person is a party.
• involve States or residents of two different states.
• a writ of Mandamus or prohibition or an injunction is sought against an office of the Commonwealth.

Question 3

List and explain all express rights in the Constitution.

Answer 3

• S50xxxi: The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws.
• S80 (“Trial by jury”): Any individuals who have broken the law must be given a trial by an impartial, unbiased jury where they are considered innocent until proven guilty.
• S92.
• S116.
• S117.