HD Midsem ComCon Notes

Description

Taxation Power: S 51(II) AND S 55 (LIMIT) 2 Step 1: What is a tax? 2 Step 2: Is it a law with respect to taxation? 7 Step 3: does the law ONLY deal with the imposition of taxation – s 55? 8 PROBLEM SOLVING TAXATION 10 External Affairs Power 13 Step 1: was the treaty entered into on good faith, ie is it bona fide? 13 Step 2: is it a treaty obligation? 13 Step 3: are the obligations sufficiently precise? 14 Step 4: Conformity test – reasonably appropriate and adapted 14 PROBLEM SOLVING TREATY OBLIGATIONS 16 Intergovernmental Immunities 20 STATE IMMUNITY 20 Step 1 Threshold: Did Cth Parliament specifically intend the legislation to 20 apply to state polity? 20 Step 2 Constitutional question: Does state immunity apply as a shield? 20 PROBLEM SOLVING STATE IMMUNITY 23 COMMONWEALTH IMMUNITY 25 Step 1: Does the state legislation intend to bind the crown? 25 PROBLEM SOLVING COMMONWEALTH IMMUNITY 26 Corporations Power s 51(xx) 28 Step 1: what is a constitutional corporation? 28 Step 2: is the law one with respect to a constitutional corporation? 29 PROBLEM SOLVING CORPORATIONS POWER 31 Aliens Power 33