Section

Characterisation

HofP

Test and Cases

Application of test

Limits on Power

Application of test

Legal Effect

Practical Effect

1

S 61(XX)

Polyukhovich v Commonwealth

Has relation with war crimes Queensland and  the external affairs occurring geographically outside.

The aim of the act is to secure the genuine business activity of the mining of coal seam gas from every person who are against it.

Under this act, only those business organizations which are illegal or are prohibited by the attorney are not included.

During the second world war and beginning of the cold war, the it came into existence and was proved to be effective.

valid

2

N/A

Grain Pool of WA v Commonwealth

Explains the various concepts,  rights, interests and liabilities of the government organization.

Definitions to understand certain concepts.

Certain terms are explained.

The rules and the regulations which the government organization has to implement has been given importance to.

Valid

3

S 61 (xx)

R v Burgess

The enforcement of the Paris Treaty with regard to the Air Navigation Act.

The work of every business activity is to find coal seam gas for household and other purposes. For the use of electricity from a production house of such mineral.

The finding of the coal seam gas is costly since deep mining is required. The exploration needs time and money. The implementation into the household activities are also time consuming.

Many provisions of the Paris Treaty and the Air Navigation Act were applied to bring forth the desired results during the times of conflict.

Valid

4

S 61 (xx)

Roach v Electoral Commissioner

All the prisoners receiving punishment of 3 years or more were not entitled to vote any longer. The full time prisoners could never vote anymore.  Almost 20,000 prisoners were separated.

The work of every business activity is to find coal seam gas for household and other purposes. For the use of electricity from a production house of such mineral.

The persons who obstruct s such business organizations to function,  are penalized. They do not want be a part of such business and hence left apart.

The prisoners who were convicted of various offence could not vote for a particular time. Their rights had become suspended.  Prisoners who were convicted of greater offences had lost their rights of voting.

valid

5

S 61 (xx)

Adelaide Company of Jehovah’s Witnesses v Cth

The freedom of religion means no person possesses a religion of their own.

The attorney general of Queensland has the power to adjudicate whether the purpose for which the business is conducted is illegal and declare such organization and business to be void.

Often the attorney General uses his powers and takes action against those who are not wanted or create hindrances. Illegal activities and associations are demarcated from the business by the attorney general.

Secularism was introduced in the society whereby people could opt for the religion they wanted to follow. There was no particular religion of the state mandatory to be followed.

valid

6

S 61 (xx)

Nationwide News v Wills

Any person either by verbal expression or in writing cannot say anything which would bring any member or the business organization into dispute.

The attorney general of Queensland has the power to adjudicate whether the purpose for which the business is conducted is illegal and declare such organization and business to be void.

The people who possess adverse interest towards the working of the coal seam gas are kept aloof and not allowed to participate in any such activity.

Disputes are avoided in every possible way.

valid

7

Australian Capital Television v Cth

A political communication can be agreed upon when it is upon the basis of a reasonable cause and such communication does not lead to any illegality.  

In case of any person actively participating in such void organization and such a person commits any offence then the minimum punishment would be 10 years.

The punishment is given upon proof. The imprisonment is given depending upon the seriousness of the offence.

The reasonable causes were given importance to by the government.

valid

Valid Cth law?

Valid State law?

Provision of Cth law

Provision of State law

Inconsistency test

Legal result

Practical result

Law that is not beyond Cth power heads.

The law which is not excess of the enactments of the state.

Section 7

The Authority possesses all the powers of  persons, subject to the restrictions of the act.

Section 5

The parliament would legislate and execute the laws of the land.

The authority becomes a corporation when there is a different identity and the power to have his own property.

valid