Mock Exam Constitutional Law B

essential Law Exam (Practice) N. B. The questions in this exam atomic number 18 taken, in part, from the tutorial questions merely expanded. Question One The Commonwealth disposal passes a value revenue act on combust which is 10% tax on the sale of burn. The act also pick outs with mandates on the way coal is mined in states. If a coal company heeds all the regulations the policy-making relation will 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 provisions for parvenue mining companies that set up in country towns will right only 7% of the tax this is part of its decentralised sustainable formulation policy. To advance people to go and stimulate in these country towns and to encourage other businesses also the act adjusts the income tax rate for people who work in the mines and live in the country. It also pre scribes a reduction in HECS and education costs for miners with children who attend university/school. Is there a top dog of office to support these laws? If yes, Is the Act radically valid?Issues for connect Multi-characterisation S 51(20) Corporations indicator trading corporation Adamsons activities test etc. S 51(1) share and Commerce. S 51(2) Taxation power. S 51(39) Incidental Power. Constitutional Limitations S 51(2) does it break up 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 gustation to mining States Tasmania v Queensland possible breach of s 99? The coal tax act must deal exclusively with tax anything else regulations shall beat no effect s 55. So notwithstanding s 99 breaches may pay back no effect through s 55 anyway. prick 92 in effect the laws impact on the suddenly free intercourse of trade between states inc rease in prices. Section 117 tax reduced to 7% or new business position up in country towns adjustment of income tax rates in for country towns and educational benefits discrimination between the residences of States.Question Two The federal official Government makes a regulation in the immigration legislation in relation to that claiming refugee status. It states that the applications of those who come from Middle Eastern countries should not be process for six months. The Government argues these rules are necessary because the situation in those countries is unsettled, and it is effortful for them to properly assess claims of persecution at this time.The new regulations also prevent the novelty of all working visas for Middle Eastern people, and require immediate transport of people whose visas have expired. The new regulations also require that those of Islamic trustingness (from Middle-Eastern countries) must identify themselves with a patch sewn on their robes and any mosque must be registered with the Australian Federal Police. The regulations prescribe that the chronicle books of these mosques are audited every two months.There has been a great 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 mandatory prison sentences for those people cause grievous bodily harm to police 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 exam hardly noteworthy). Constitutional Limitations Breach of freedom of religion s 116. Implied freedom of political communication Possibly an issue of Separation of Powers Kable (not an issue for the exam but notew orthy). Question Three The Federal Government makes regulation to stimulate the frugality and then begins issue handouts to business in the Eastern States, as closely as Eastern State Governments.They argue that because Eastern States contribute the to the highest degree 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 Four (Essay Question) ar rights in Australia sufficiently covered by the Constitution even when rights have been provided for right to trial by jury they have been narrowly construed to manipulate their application? Should this happen? Is a bill of Rights need in our constitutional regime? Are implied rights sufficient. Discuss with reference to examples.