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Published byMaud Greer Modified over 9 years ago
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1974 Australian Government passed a treaty (world heritage) Tasmania wanted part of their state protected- included Franklin Dam area Change of government happened in Tasmania New government wanted to dam Franklin River (Gordon River) Federal opposed Went to High Court – decided in favour of the Commonwealth S.51 (xxix) external affairs High Court was interpreting the Constitution This counts for half the marks. Other half relates to the impacts of the case.
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Interpreting the words ‘external affairs’ has given more powers to the Commonwealth and reduced some residual powers of all states. Eg: Terrorism – international issue Healthcare
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Taxation used to be an exclusive power (1920’s and 30’s) S.96 – Federal can give a grant and put conditions on it (tied grants) 1942 – Uniform Tax Case -Commonwealth vs Victoria High Court found in favour of the Commonwealth
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Reduction in residual powers Exclusive powers have been expanded They can now access residual powers if they’re giving money Eg: education – aims test (2005) S.96 allows the Commonwealth to start touching residual powers
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