Autumn 2022 Constitutional Law Exam (5)

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Western Sydney University *

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Jun 8, 2024

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FINAL EXAM – AUTUMN SESSION 2022 School of Law EXAM INSTRUCTIONS Read all the information below and follow any instructions carefully before proceeding. Clearly indicate which question you are answering. SUBJECT NAME: Constitutional Law SUBJECT NUMBER: LAWS4015 NUMBER OF QUESTIONS: There are 3 questions in Part 1 There are 3 questions in Part 2 VALUE OF QUESTIONS: Part 1 is worth a total of 28 marks: Part 1 (1) is worth 10 marks Part 1 (2) is worth 10 marks Part 1 (3) is worth 8 marks Part 2 is worth 17 marks in total. Part 2 (1) is worth 3 marks Part 2 (2) is worth 2 marks Part 2 (3) is worth 12 marks ANSWERING QUESTIONS: You must answer all Parts and all questions in this examination. LECTURER/SUBJECT COORDINATOR: Dr Azadeh Dastyari TIME ALLOWED: 2 Hours TOTAL PAGES: 5 RESOURCES ALLOWED Only the resources listed below are allowed in this exam. 1

Any printed or digital material. PART 1 (28 marks) Climate change was a significant election issue in the 2022 federal election. One of the first pieces of legislation introduced by the new government, and duly passed by the new parliament, is the Climate Change Response Act. The Act is as follows: Climate Change Response Act 2022 No. 24, 2022 [ Assented to 1 June 2022 ] The Parliament of Australia enacts: Part 1—Preliminary 1 Commencement This Act comes into force on 23 June 2022. 3 Definitions In this Act ‘Coal related item’ means any product where coal is an essential ingredient in the production of the product. ‘Corporation’ means any incorporated entity. 4 Purpose The purpose of this Act is to tackle climate change through a ban on the sale and use of coal. 5 Ban on the sale and use of coal in Australia No corporation or natural person shall sell or use coal or coal related items in Australia. Penalty: Corporation – 300 Penalty Units Natural Persons - 20 Penalty Units 2

6 Ban on the sale and use of coal outside of Australia No corporation or natural persons shall sell or use coal or coal related items outside of Australia. Penalty: Corporation – 300 Penalty Units Natural Persons - 20 Penalty Units Pure Water is a water filter company that uses activated carbon in its water filter products. It is an American company, incorporated in Delaware (a state of the United States). It sells its products in Australia and around the world. The Australian government takes steps to prosecute the company under the Climate Change Response Act 2022 for selling its products in Australia because they have carbon as a primary ingredient. 1) Pure Water believes that s 5 of the Climate Change Response Act 2022 cannot apply to it because it is not an Australian company. Furthermore, Pure Water believes that banning the sale of all coal related products is not within the scope of the Commonwealth’s power because the purpose is environmental protection, an area over which the Commonwealth has no head of power under the Australian Constitution. Pure Water also believes that the Climate Change Response Act 2022 is not within the scope of the Commonwealth’s power because it goes too far and is too restrictive. The Australian government believes it has the power under the Australian Constitution to regulate the activities of Pure Water and that s 5 of Climate Change Response Act 2022 is supported by the corporations power. Is the Australian government right? Why or why not? (10 marks) 2) Pure Water also believes that s 6 of the Climate Change Response Act 2022 is unconstitutional because the Commonwealth cannot legislate for matters outside of Australia. They argue that under the Australian Constitution, the Australian 3

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