The Australian Constitution gives the Commonwealth limited powers when it comes to corporations law. The Power the Commonwealth has is in section 51 (xxxvii) of the Australian Constitution. The High Court has always interpreted this as being limited.
So back in 1999 the State and Federal Governments got together to fix this up. The States referred their Corporations power to the Federal Parliament. In NSW the legislation that did this was the Corporations (Commonwealth Powers) Act 2001.
This Act is due to expire in three months. When it expires the Federal Parliament will have very limited Corporations powers. These are the same powers that were used to pass the Industrial Relations Reforms. Only two States have renewed these powers, with the majority sitting on their hands.
It is a sneaky and cunning way of invalidating the new IR reforms, but it is what will happen. Not only will it invalidate the IR Reforms, but a number of other corporate laws that govern Australia.
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This is a small thing I wrote on two other forums and I thought it would be of interest to some HSC legal studies students. I haven't done much research on the topic but I do know a little about law (I do plan to do law). You may feel like researching this more in your legal studies class.
So back in 1999 the State and Federal Governments got together to fix this up. The States referred their Corporations power to the Federal Parliament. In NSW the legislation that did this was the Corporations (Commonwealth Powers) Act 2001.
This Act is due to expire in three months. When it expires the Federal Parliament will have very limited Corporations powers. These are the same powers that were used to pass the Industrial Relations Reforms. Only two States have renewed these powers, with the majority sitting on their hands.
It is a sneaky and cunning way of invalidating the new IR reforms, but it is what will happen. Not only will it invalidate the IR Reforms, but a number of other corporate laws that govern Australia.
>>
This is a small thing I wrote on two other forums and I thought it would be of interest to some HSC legal studies students. I haven't done much research on the topic but I do know a little about law (I do plan to do law). You may feel like researching this more in your legal studies class.