The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986.
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. The term is commonly used in reference to a constitutional referendum which is legally required to make a change to the Constitution of Australia.
The Australian referendum of 12 December 1906 approved an amendment to the Australian constitution related to the terms of office of federal senators. Technically it was a vote on the Constitution Alteration Bill 1906, which after being approved in the referendum received the royal assent on 3 April 1907. The amendment moved the date of the beginning of the term of members of the Senate from 1 January to 1 July so that elections to the federal House of Representatives and the Senate could occur simultaneously.
The 1913 Australian referendum was held on 31 May 1913. It contained six referendum questions and was held in conjunction with the 1913 federal election.
On 22 September 1951, a referendum was held in Australia which sought approval to alter the Australian Constitution to give Parliament the power to make laws regarding communism and communists, so that the Parliament would be empowered to instate a law similar to the Communist Party Dissolution Act of 1950. It was not carried.
The Constitution Alteration Bill 1910, was put to voters for approval in a referendum held in the 1911 referendums. The bill sought to alter the Australian Constitution to extend the Commonwealth power in respect of trade and commerce, the control of corporations, labour and employment and combinations and monopolies. All of the proposed changes were contained within the one question.
The Constitution Alteration (Corporations) Bill 1912, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations that was put to voters for approval in a referendum held in 1913.
The Constitution Alteration (Aviation) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to air navigation and aircraft. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration (Marketing) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to ensure that the Commonwealth could continue legislative schemes for the marketing of agricultural produce such as the quota for dried fruits. It was put to voters for approval in a referendum held on 6 March 1937.
The Constitution Alteration Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth power to make laws regulating employment in industry. It was put to voters for approval in a referendum held on 28 September 1946. The proposals was narrowly rejected, with a minority of 1.80% in the fourth state, South Australia.
The Constitution Alteration Bill 1946, was an unsuccessful proposal to alter the Australian Constitution to give the Commonwealth explicit power to make laws for the organised marketing of primary products and to exempt it from the freedom of interstate trade requirement of section 92 of the constitution. It was put to voters for approval in a referendum held on 28 September 1946.
Section 51(xxxvii) of the Constitution of Australia is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power. Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers.
Australian Communist Party v The Commonwealth, also known as the Communist Party Case, was a legal case in the High Court of Australia in 1951 in which the court declared the Communist Party Dissolution Act 1950 unconstitutional and invalid as being beyond the power of the Parliament. Notable Australian academic George Winterton described the case as "undoubtedly one of the High Court's most important decisions".
The Constitution of Australia is the supreme law of Australia. It is a written constitution that sets down the political structure of Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian Government's three constituent parts: the executive, legislature, and judiciary.
Attorney-General (Vic); Ex rel Dale v Commonwealth, commonly known as the "First Pharmaceutical Benefits case", was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under section 81 of the Constitution of Australia, to take and spend money by legislation, in this case to fund reduced prices for prescription medicines.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, applying the doctrine of "implied inter-governmental immunities". The doctrine was emphatically rejected by the High Court in the 1920 Engineers' Case, and in 1930 the High Court upheld the validity of an award binding on state railway authorities.
SS Kalibia v Wilson, was the first decision of the High Court of Australia on the extent of the power of the Australian Parliament to make laws about shipping and navigation, including the Admiralty jurisdiction of the High Court. The High Court held that the power was limited to overseas and interstate trade and commerce. There was no separate power about navigation and shipping.
The Constitution Alteration Bill 1988, was an unsuccessful proposal to alter the Australian Constitution to enshrine various civil rights, namely freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property. It was put to voters for approval in a referendum held on 3 September 1988.
