Unit 2 constitution sections and examples

Question 1

Example of implementing executive policy

Answer 1

University funding changes, parliament passes contentious laws that increased price of some degrees (social sciences) and decreased others (nursing, math, teaching), was supported by one nation and senator Griff but opposed by labor, greens and senators Patrick and Lambie

Question 2

Example of authorising executive expenditure

Answer 2

Jobkeeper legislation, assisted businesses affected by COVID to cover costs of wages of their employees, entitled to $1500 per fortnight for each eligible employee, administered by the Commissioner of Taxation

Question 3

Approving the budget example

Answer 3

2019 tax cuts, Lambie voted with government to pass the $158 billion tax cut package in exchange for the coalition to waive Tasmania’s social housing debt

Question 4

Example of amending existing law

Answer 4

Marriage act, voluntary postal survey surveyed the population as to whether they support same-sex marriage as parliament wasn’t sure what the people wanted, survey wasn’t binding, 61.6% of those who voted, voted yes

Question 5

Example of repealing existing law

Answer 5

Medical evacuation law scrapped, ???

Question 6

Example of abrogation

Answer 6

Native Title Amendment Act (1998), made it tougher to register a native title claim but sped up process

Question 7

Example of codifying legislation

Answer 7

Native Title Act (1993), 3rd June 1992, overturning the “terra nullius” declaration in Australia, Eddie Mabo went to the high court claiming native title on the Murray Islands

Question 8

Marriage amendment act

Answer 8

Only 4 MP’s voted no, Tony Burke- voted yes but only 30% of his electorate (Watson) voted yes (went against electorate), Russell Broadbent- voted no but 63% of his electorate (McMillan) voted yes, Scomo and Tony Abott abstained from voting

Question 9

Tort of defamation- changing the meaning of the word publisher

Answer 9

Fairfax Media publications v Voller 2021, defamatory comments were made on the media companies page and the high court decided the media companies participated in the communication of the defamatory comments allowing Voller to sue them

Question 10

Changed definition of aliens

Answer 10

Love and Thoms v commonwealth of Au 2020, were being deported through the ‘alien law’ but due to their Aboriginal heritage were found to not be classified as ‘aliens’ meaning they could not be deported

Question 11

Restriction of implied freedom of political communication

Answer 11

Clubb v Edwards and Preston v Aery 2019, safe access zones (150m around abortion clinics) where protests couldn’t occur, restricted freedom of political communication, high court found that the burden didn’t impede the system of representative and responsible government

Question 12

Development of tort of negligence- changing definition

Answer 12

Negligence didn’t exist meaning consumers couldn’t sue the producers if they didn’t personally buy the product meaning they were under the ‘contract’, definition changed meaning anyone who the product was intended for could sure the producer