Statutes and Sections

Question 1

Right to freedom of religion

Answer 1

Section 116

Question 2

Right to a trial by jury for Cth ind offences

Answer 2

Section 80

Question 3

Right to not be discriminated against on basis of state residence

Answer 3

Section 117

Question 4

Right to receive just terms after an acquisition of property by the Cth

Answer 4

Section 51xxxi

Question 5

Right to free trade within the Cth

Answer 5

Section 92

Question 6

Section that establishes the Senate

Answer 6

Section 7

Question 7

Section that establishes the House of Reps

Answer 7

Section 24

Question 8

Section that outlines process when a state law is inconsistent with a Cth law

Answer 8

Section 109
“When a law of a state is inconsistent with a law of the Cth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”

Question 9

Section that outlines process of changing or amending the Constitution

Answer 9

Section 128
“If in a majority of the states a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the King’s assent”

Question 10

Legislation relating to McBain (and case name)

Answer 10

• McBain v State of Victoria [2000] FCA
• S8 Infertility Treatment Act 1995 (Vic) stated to receive IVF treatment, a woman must be married and living w/ husband on genuine dom basis, or living with a man in defacto rel
• S22 Sex Discrim Act 1984 (Cth) stated unlawful to refuse to provide a service on basis of marital status
• Brought by John McBain, had to show Leesa Meldrum (single woman) had been denied the service

Question 11

Section that outlines the original jurisdiction of the High Court

Answer 11

Section 75
- Under any treaty, where the Cth or a person suing or being sued on behalf of the Cth is a party, between states or a state and a resident of another state or residents of different states

Question 12

Section that outlines the additional original jurisdiction of the High Court

Answer 12

Section 76
- Any matter arising under the Const or involving its interp

Question 13

Section that establishes concurrent powers

Answer 13

Section 51 -> all powers that are held by Cth that are not exclusive (trade, taxation, marriage/divorce, postal/telegraphic/phonic/similar services)

Question 14

Sections that establish exclusive powers

Answer 14

Section 90 - customs and excise (51-3)
Section 114 - shall not raise naval or military forces (51-6)
Section 115 - shall not coin money (51-12)
AND Section 52 for small list of excl

Question 15

Sections that establish residual powers

Answer 15

Sections 106-108
Particularly 107 -> State powers shall, “unless it is by [the] Constitution exclusively vested in the Parliament of the Cth or withdrawn from the Parliament of the State, continue as at the est. of the Cth”

Question 16

Legislation relating to Tassie Dam (and case name)

Answer 16

• Cth v Tasmania [1983] 158 CLR 1
• Gordon River Hydro-Electric Power Development Act 1982 (Tas)
• Included on UNESCO World Heritage List in 1982
• World Heritage Properties Conservation Act 1983 (Cth) to uphold obligations under World Heritage Convention
• Section 51xxix -> external affairs power

Question 17

Act that upheld decision by HC that Cth can legislate w/ respect to international treaties

Answer 17

Human Rights (Sexual Conduct) Act 1994 (Cth) -> held that sexual conduct between two consenting adults was not to be subject to any interference, conflicted w/ Tas law that criminalised homo sexual rel.

Question 18

Legislation relating to a case that interprets Sections 7 and 24 (and case name)

Answer 18

• Roach v Electoral Commissioner [2007] HCA
• Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth)
• Previous Act from 2004