Section 51 of the Constitution of Australia grants legislative powers to the Australian (Commonwealth) Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth Parliament. There are 39 subsections to section 51, each of which describes a "head of power" under which the Parliament has the power to make laws.
The Constitution Alteration Bill 1910, was an unsuccessful Australian referendum held in the 1911 referendums which 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 Bill 1912, was an unsuccessful Australian referendum held in the 1913 referendums which sought to alter the Australian Constitution to extend Commonwealth legislative power in respect to trade and commerce.
The Constitution Alteration (Corporations) Bill 1912, was an unsuccessful Australian referendum held in the 1913 referendums which sought to alter the Australian Constitution to extend the Commonwealth legislative power in respect to corporations.
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about:
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases.
The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Court saw as the compact between the newly formed Commonwealth and the former colonies, particularly the compromises that informed the text of the constitution. The doctrine involved a restrictive approach to the interpretation of the specific powers of the Federal Parliament to preserve the powers that were intended to be left to the States. The doctrine was challenged by the new appointments to the Court in 1906 and was ultimately abandoned by the High Court in 1920 in the Engineers' Case, replaced by an approach to interpretation that emphasised the text rather than the context of the Constitution.
Section 51(xxxi) of the Constitution of Australia is a subsection of Section 51 of the Constitution of Australia, providing that the Commonwealth has the power to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws." It is both a power and a constitutional guarantee of just compensation for property rights contingent on its exercise.
O'Sullivan v Noarlunga Meat Ltd, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power, under s 51(i) of the Australian Constitution, and inconsistency between Commonwealth and State laws, under section 109 of the Constitution.
Strickland v Rocla Concrete Pipes Ltd, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. This was an important case in Australian constitutional law because it overruled the decision in the earlier case of Huddart, Parker & Co Pty Ltd v Moorehead, which held that the corporations power only extended as far as the regulation of their conduct in relation to their transactions with or affecting the public. Since this case, the Commonwealth has had at least the ability to regulate the trading activities of trading corporations, thus opening the way for an expansion in Commonwealth power.
Swift Australian Co (Pty) Ltd v Boyd Parkinson, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution.
Redfern v Dunlop Rubber Australia Ltd, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution.
Commonwealth v Bank of New South Wales, was a Privy Council decision that affirmed the High Court of Australia's decision in Bank of New South Wales v Commonwealth, promoting the theory of "individual rights" to ensure freedom of interstate trade and commerce. The case dealt primarily with Section 92 of the Constitution of Australia.
Australian National Airways Pty Ltd v Commonwealth - most commonly known as Australian National Airways Pty Ltd v Commonwealth and also referred to as The Airlines Case or the ANA Case - was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under sections 51 and 92 of the Australian Constitution. The outcome of the case was that the Federal Government could found a federally owned airline, but it could not hinder private sector competition with that airline.
New South Wales v Commonwealth, commonly known as the Wheat case, or more recently as the Inter-State Commission case, is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.
Section 99 of the Constitution of Australia, is one of several important non-discrimination provisions that govern actions of the Commonwealth and the various States.
Huddart, Parker & Co Pty Ltd v Moorehead is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906 were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court however divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporations power was to be construed narrowly because the trade and commerce power did not include intrastate trade and commerce. While the reserved powers doctrine was unambiguously rejected by the High Court in 1920, Huddart, Parker was not formally overruled by the High Court until Strickland v Rocla Concrete Pipes Ltd (1971).
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.
