LAWS11065 Constitutional Law Assignment

QUESTION ONE The Commonwealth Parliament passes the Anti-Fire (Government Powers) Act 2021 (Cth), which provides as follows:

Section 5 Any state government that earns taxation revenue from businesses engaging in fire related enterprises must pay 50% of that revenue to the Commonwealth. Term Two Final Examinations, 2021 LAWS11065 Constitutional Law 3

Section 10 Any person who owns or operates a fire related enterprise or is a close relative of a person who owns or operates a fire related enterprise is prohibited from holding office within the public service of any state.

Section 12 Any person who possesses magical powers or is a close relative of a person who possesses magical powers is prohibited from serving as a Minister of the Crown in any state.

Maze is concerned that these requirements will cripple her government. She seeks your advice on whether the legislation is consistent with the doctrine of intergovernmental immunities. (25 marks)

QUESTION TWO Lucifer’s flight from the Valley to Mt Coot-tha had the interesting side effect of bringing to life a substantial number of flame throwing bikies. These bikies have formed a community on the slopes of Mount Coot-tha. They are very loyal to Lucifer and have taken a vow to protect him from any attacks. Dolores Umbridge, the Prime Minister, is scared of flame throwers due to nightmares she had as a young child after visiting the circus with her parents. She becomes very concerned that Lucifer may form a bikie army and attack Canberra. Ms Umbridge persuades her government colleagues that action is needed to curb the flame throwing menace.

The Commonwealth Parliament passes the Flame Throwing Bikie Control Act 2016 (Cth) (‘FTBC Act’), which provides as follows:

Section 4 provides that it is prohibited for a group of three or more flame throwing bike members to gather together at the same location.

Section 6 provides that a ‘control order’ may be issued in respect of any person proved to be a ‘habitual associate’ of a flame throwing bikie member. The ‘control order’ may place restrictions on the person’s freedom of movement, confiscate their property and prohibit them from publishing their views. ‘Habitual associate’ is defined to cover any person who has met with one or more flame throwing bikie members on three or more occasions over the past year.

Section 8 establishes a new body, the Flame Throwing Bikie Control Tribunal, which is constituted by three sitting judges of the Federal Court serving for renewable five year terms. The Tribunal is empowered to impose fines of up to $20,000 for violations of s 4. It is also empowered to issue control orders under s 6 either on application by any individual or on its own motion following an investigation.

Section 10 provides that the Flame Throwing Bikie Control Tribunal, may delegate all of part of its powers under s 8 to the Registrar of the Tribunal, a non-judicial officer, on any terms the Tribunal sees fit.

The leader of the flame throwers Bikie group, Trixie, seeks your advice on whether the Flame Throwing Bikie Control Tribunal, is validly constituted in accordance with Chapter III of the Commonwealth Constitution. (25 marks)