Authoritys argument HC points to Authoritys established functions and

Authoritys argument hc points to authoritys

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Authority’s argument HC: points to Authority’s established functions and activities Purpose test and activities test? Online video part 2: What aspects or activities of a corporation can be regulated? Tells a story of expanding commonwealth power A question of interpretation: What is the scope of s 51(xx) corporations power- What does it permit the commonwealth to regulate? Once understood, we can go to the next question of characterization Then, characterisation Given this scope – having answered this question – is this a law with respect to the corporations power? What categories of persons other than corporations can be regulated due to their relation to constitutional corporations? Section 51(xx) - The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: … - Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth Huddart, Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330 interstate power Ways of looking at the case sunder section 52 (20): - The power enables the commonwealth to address the special kinds of regulatory issues that governments pose - Enables commonwealth to pass laws to regulate the trading and financial activities of corporations - Enables commonwealth to pass laws to regulate the activities, actions and related parties of certain types of corporations
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Power enables the Cth to recognize and provide for corporations to operate beyond their jurisdiction of origin (interstate power) – e.g. protecting creditors offering lines of credit to corporations operating interstate This case- character of the corporation and its trading, financial trading, being a foreign entity as limiting categories Corporations power was facilitating the corporation of interstate activities Focused on (a) corporations; and (b) trading, financial, foreign as limiting category Reserved state powers: Griffith CJ – that the Commonwealth could not control the operation of a corporation which ‘lawfully enters upon a field of operation, the control of which is exclusively reserved to the States’ (354) We cannot regulate activities that would infringe upon matters exclusively from the state Overturned: Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, 484 (Barwick CJ) ‘Corporation’ – identifying foreign trading of financial corporations as the object of power: Isaacs J, dissenting (393): Corporations was a separate and independent power, additional to the commerce power (s 51(i)); Empowering law that depends on simply the specific objects of the power – a foreign, trading, or financial corporation – whether in a single State or inter-State – once on this subject, can regulate any matter Not then including domestic corporations for municipal, mining, manufacturing, religious, scholastic, or charitable purposes.
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