STS Tute Two Notes Final

For example by regulating all entities of a certain

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For example by regulating all entities of a certain kind in the same way, when most entities of that kind are owned by the State Government: Queensland Electricty If there is discrimination, does the law nevertheless fulfil a ‘rational non-discriminatory purpose’ Queensland Electricty per Mason J Discriminatory laws may be intra vires where ‘the relevant legislative power appears, ‘from its content, context or subject matter’ to be intended to authorize the operation of a discriminatory law:’ Queensland Electricity o Where a particular exercise of the relevant legislative power necessitates distinctions between different geographical areas For example defence [s 51 (vi)], quarantine [s 51 (ix)], medical services such as immunization [s 51 (xxxiii)]: Queensland Electricity Overlap between the tests: Most laws that ‘impermissibly discriminate against … a state’ Gleeson CJ and Kirby J in Austin will also unduly impair their ability to function as a government; there may be littler difference in outcome as a result of Austin . In QEC successfully argued on discrimination alone, but post- Austin curtailment is now also required.
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Intergovernmental Immunities Flow Chart Valid Cth Law Valid State Law The state immunity doctrine will apply if The Cth intends to bind the states Constitutional Limitation Does the Cth law destroy or curtail the continued existence of the State’s capacity? Derive the legislative intention from the ordinary meaning of the words in the statute The Cth Act will breach the constitutional limitation if, in substance or operation it entails a ‘special burden’ or a ‘curtailment of capacity’ on the State’s ability to function as a government Lower Level Employees Cth can regulate minimum wages and working conditions Cth cannot regulate the number and identity of employees Discrimination against the states Senior / executive employees Most Cth regulation is invalid. Discrimination is relevant to help determine whether the curtailment test is satisfied. Alone, it is not enough to breach the Constitutional limitation. Consider any rational non-discriminatory purposes.
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