unit 4 cases Flashcards
1
Q
McBain v Victoria
A
- an area of concurrent law making powers where there has been an inconsistency between the laws and marital status
- found that the requirements of the infertility treatment act was invalid as it was inconsistent with the commonwealth law
- VICTORIAN law establishes that a women must be married or living to a man in order to receive the treatment
- COMMONWEALTH parliament makes it unlawful for a person to refuse to provide a service to another person based on their marital status
2
Q
Roach Vs Electoral Commissioner
A
- COMMONWEALTH parliament passed legislation which banned all prisoners from voting in elections
- roach was directly affected by this law and challenged it in the high court
- found in favour of Roach
- high court established that the act was inconsistent with sections 7 and 24 of the constitution, which require parliament to be ‘DIRECTLY CHOSEN BY THE PEOPLE’
3
Q
1967 referendum
A
- allowing Aboriginal Australians to be counted in the population
- the commonwealth could now legislate for Indigenous Australians, could now direct funds towards Aboriginal affairs, allowed to pass reforms to housing, health, education and justice for Indigenous people
- overwhelming public support for the change (90.77% of ‘yes’ votes)
- took a RESIDUAL power and made it CONCURRENT, which gave more power to the commonwealth
4
Q
Tasmanian Dam case
A
- COMMONWEALTH government signed the convention for the protection of world cultural and natural heritage
- TASMANIAN GOVERNMENT passed legislation to construct a dam on the Franklin river
- found in favour of the commonwealth as the Franklin river was considered a world heritage site
- EXTERNAL AFFAIRS POWER gave the commonwealth power to legislate on any matter covered by a treaty even if it is an area of power left to the states
5
Q
R V Brislan
A
- COMMONWEALTH passed legislation, requiring all owners of wireless communication to hold a license
- Mrs Brislan was charged for having 5 wireless radios in her house
- the high courts interpretation caused a shift in the DIVISION OF POWERS from the states to the commonwealth
- the commonwealth act remained valid as the court interpreted her radios to be classed as ‘like services’ as they preform a similar function
- if the state passed a law in this area, causing conflict between the state and commonwealth law, the commonwealth law will PREVAIL
