Mock Exam Constitutional Law B

Constitutional Law Exam (Practice) N. B. The questions in this testination are taken, in part, from the tutorial questions but expanded. Question One The ground government activity passes a appraise act on coal which is 10% tax on the sale of coal. The act in addition deals with regulations on the management coal is mined in states. If a coal company heeds in t out ensemble the regulations the government willing increase the amount of funding given to the States for all its projects. The tax will increase the price of coal sold interstate as the companies attempt to offset the tax increase.The act also provides edible for new archeological site companies that set up in agricultural towns will pay only 7% of the tax this is part of its decentralised sustainable planning policy. To encourage concourse to go and work in these country towns and to encourage other cablees also the act adjusts the income tax rate for people who work in the mines and live in the country. It also ordinates a reducing in HECS and education costs for miners with children who attend university/school. Is on that point a peak of power to support these laws? If yes, Is the correspond constitutionally validated?Issues for concern Multi-characterisation S 51(20) Corporations power trading lot Adamsons activities test etc. S 51(1) Trade and Commerce. S 51(2) Taxation power. S 51(39) successive Power. Constitutional Limitations S 51(2) does it discriminate between States? s51(2) issue of non-coal mining tax compared to coal mining states Tasmania v Queensland Regulations cleaner technology more funding from federal government gives preference to mining States Tasmania v Queensland possible breach of s 99? The coal tax act must deal exclusively with tax anything else regulations shall have no effect s 55. So notwithstanding s 99 breaches may have no effect through s 55 anyway. Section 92 in effect the laws impact on the absolutely free intercourse of trade be tween states increase in prices. Section 117 tax reduced to 7% or new business setting up in country towns adjustment of income tax rate in for country towns and educational benefits discrimination between the residences of States.Question ii The Federal Government makes a regulation in the immigration economy in relation to that claiming refugee status. It states that the applications of those who come from Middle Eastern countries should not be processed for six months. The Government argues these rules are necessary because the situation in those countries is unsettled, and it is difficult for them to properly assess claims of persecution at this time.The new regulations also frustrate the renewal of all working visas for Middle Eastern people, and require speedy deportation of people whose visas have expired. The new regulations also require that those of Muslim faith (from Middle-Eastern countries) must identify themselves with a patch sewn on their clothes and any mosq ue must be registered with the Australian Federal Police. The regulations prescribe that the accounting books of these mosques are audited every two months.There has been a great(p) deal of protest over these new laws and so the government has also passed regulation that attempts to retard the more aggressive protestors by imposing needed prison sentences for those people cause grievous bodily harm to legal philosophy officers in protesting, or cause damage to cars/buildings or other property. Is there a head of power to support these laws? If yes, Is the Act constitutionally valid? Issues for concern Multi-characterisation S 51(19) Alien power. S 51(26) Race. S 51(2) Emigration or Immigration. S 51(39) Incidental Power. S 51(6) Defence Power (not an issue for the interrogation but noteworthy). Constitutional Limitations Breach of independence of religion s 116. Implied freedom of political communication Possibly an issue of Separation of Powers Kable (not an issue for t he exam but noteworthy). Question Three The Federal Government makes regulation to reach the economy and then begins issue handouts to business in the Eastern States, as well as Eastern State Governments.They argue that because Eastern States chip in the most to our economy their economies are more important coming out of a recession. Is there a head of power to support these laws? If yes, Is the Act constitutionally valid? Issues for concern Multi-characterisation S 96 Grants to the States. S 81 Appropriations head of power for this section S 51(20) Corporations power trading corporation Adamsons activities test etc. S 51(1) Trade and Commerce. S 51(39) Incidental Power. Constitutional Limitations Section 99 preference to States. Section 117 residence. Question quaternary (Essay Question) Are rights in Australia sufficiently covered by the Constitution so far when rights have been provided for right to trial by jury they have been narrowly construed to circumvent th eir application? Should this happen? Is a bill of Rights need in our constitutional regime? Are implied rights sufficient. Discuss with reference to examples.