Part V.--Powers of the Parliament.
51. The Parliament shall, subject to this Constitution, have power to
laws for the peace, order and good government of the Commonwealth
) Currency, coinage and legal tender: No mention
of Treasury Bonds.
) Banking, other than State banking; also State banking extending
beyond the limits of
the State concerned, the incorporation of banks
and the issue of paper
money: Bank Notes issued for gold held.
) Foreign corporations, and trading or financial corporations formed
within the limits of
the Commonwealth: Parliament can only make
State or Commonwealth Parliament can not create any Corporation and
Electorate can not be incorporated subject to Subsection 20 of Section 51,
which is based on Trade and Commerce in Sections
92, 100 and
Subsections, 01 and 13 of Section 51.
) Conciliation and arbitration,
for the prevention and settlement of
extending beyond the limits of any one State.
Work place relations can be included but not seperate.
Governor General, should not assent to Legislation that is not one the
of Section 51.
All Legislation should have the following example;
58. A proposed Legislation now passed by an absolute majority
of each and
Houses of Parliament and presented to the Governor-General for the
assent; he shall declare, according to his discretion, but subject to
Commonwealth of Australia Constitution Act.
01, Section 51, Subsection (number), and
by his or her own hand, that he or she assents in the Queen's name.
the Imperial Acts Application Act 1980;
IT ENACTED by the Queen's Most Excellent Majesty by and with the
and consent of the Legislative Council and the Legislative Assembly
Victoria in this present Parliament assembled and by the authority of the
as follows; shall come into operation to be fixed by proclamation of
Governor in Council published in the Government Gazette.
Imperial Acts Application Act 1980 was not passed subject to Section 58.
State and Territory legislation if not using the words as said in Section
all State and Territory legislation are all null and void.
Commentaries on the Constitution. Page 107 Note 33, and all laws,
from section 7 of the 1897 Preamble.
No difficulty is suggested by the words, "and all laws made
by the Parliament
the Commonwealth under the Constitution."
words "under the Constitution" are words of limitation and qualification.
all enactment's purporting to be laws made by the Parliament are binding;
laws made under, in pursuance of the 39 subsections of Section 51
by the Constitution, and those only, are binding on the courts,
law in excess of the 39 subsections of Section 51 conferred by the
is no law; it is wholly void and inoperative; it confers no rights,
composes no duties; it affords no protection.
be valid and binding they must be within the domain of jurisdiction
out and delimited in express terms or by necessary implication,
the Constitution itself.
is not so granted to the Parliament of the Commonwealth is denied to it.
is not so granted is either reserved to the States, as expressed in
respective Constitutions, or remains vested but dormant in the people
possible area enlargement of Commonwealth power,
an amendment of the Constitution, will be considered by Chapter VIII.
legislative assembly existing under a Federal Constitution is merely a
law making body, whose laws are of the nature of by-laws,
whilst within the authority conferred upon it by the Constitution but,
or unconstitutional, if they go beyond the limits of such authority.
Chapter 5. The States Sections
109 and 117.
Section 109. When a law of a State
is inconsistent with a law of the
Commonwealth, the latter shall
prevail, and the former shall, to the extent of
the inconsistency, be invalid.
Section 117. A subject of the
Queen, resident in any State, shall not be subject
in any other State to any disability
or discrimination which would not be
equally applicable to him if he
were a subject of the Queen resident in such
What right has any statutory authority
using police to invade the property of
any Living Soul, causing injury
and any disability or discrimination without
a warrant issued by the court?
What right has any court to imprison
any Living Soul for protecting their