Statutes and Sections Flashcards
Right to freedom of religion
Section 116
Right to a trial by jury for Cth ind offences
Section 80
Right to not be discriminated against on basis of state residence
Section 117
Right to receive just terms after an acquisition of property by the Cth
Section 51xxxi
Right to free trade within the Cth
Section 92
Section that establishes the Senate
Section 7
Section that establishes the House of Reps
Section 24
Section that outlines process when a state law is inconsistent with a Cth law
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”
Section that outlines process of changing or amending the Constitution
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”
Legislation relating to McBain (and case name)
- 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
Section that outlines the original jurisdiction of the High Court
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
Section that outlines the additional original jurisdiction of the High Court
Section 76
- Any matter arising under the Const or involving its interp
Section that establishes concurrent powers
Section 51 -> all powers that are held by Cth that are not exclusive (trade, taxation, marriage/divorce, postal/telegraphic/phonic/similar services)
Sections that establish exclusive powers
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
Sections that establish residual powers
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 State powers shall, “unless it is by [the] Constitution exclusively vested in the Parliament of the Cth or withdrawn from the Parliament of the State, continue as at the est.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”
