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6 Pages • Essays / Projects • Year: Pre-2021
Q(A): Whether section 3(1)(a) of Investment and Superannuation Advisory Board Act 2017(Cth) (“ISAB”)’ is a valid use of the power in s 51(xx) of the Constitution? Section 3(1) provides the corporations in ISAB can be regulated under the s51 (xx) of the Constitution as they bear the same meaning. If the notion of ‘significance’ for such corporations from Dingiani survived Workchiocesii it is difficult to see how Section 3(1) offers financial advice about financial welfare for employees of a constitutional corporation (“CC”) could be regarded as having significance for such a corporation. Even accepting that Workchioces provides a very broad interpretation of the power in s 51(xx), which is that law must have a sufficient connection with the poweriii. The financial advice may not significantly connect to business activities of CCiv as it did not create rights or privileges belonging to the CC nor impose obligations
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