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Constitutional Law s51(xx)
LAWS 4014 - Remedies
4 Pages • Topic Notes • Year: Pre-2021 • Previously uploaded under: 200756 - Remedies
s. 51 (xx): The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth • It a non purposive power. • Has been strictly interpreted by the courts The significance of the Corporations power in Australia • Overwhelming business activity undertaken by corporations s51(xx) gives Fed significant power to regulate Australian business and economic control. What is a corporation – The reach of the Corporations Power ‘Foreign corporations’ • Defined (obiter): corporations formed outside limits of Commonwealth: New South Wales v The Commonwealth (the Incorporation Case) (1990) 169 CLR 482 ‘Trading’ • Interpreted in its current and popular sense, and is not restricted to the denotation it had in 1900: R v Judges of the Federal Court of Australia; Ex parte Western Australian National Football League (Adamson’s case) (1979) 143 CLR 190 • Same meaning as in s51(i) and s92: includes buying/selling, negotiations, bargains, transport for reward, purchase or sale of money, credit, news, information, tangibles and intangibles. • Is a “verbal noun” that denotes activity instead of “corporations that trade” suggest that: • Actors and Announcers Equity Association v Fontana Films Pty Ltd (1982) 150 CLR 169: “words of part (xx) suggest that the nature of the corporation to which the laws relate much be significant as an element in the nature or character of the laws, if they are to be valid” o Trading/financial corporations laws re their trading/financial activities will be in power. ‘Financial’ • Also in current/popular sense: Adamson’s case
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