1. Law
  2. Other
  3. soya bean protection act cth prevents the use of cadmium...

Question: soya bean protection act cth prevents the use of cadmium...

Question details

Soya Bean Protection Act (Cth) prevents the use of cadmium fertilizers in growing of soya beans

 

Using the steps below determine whether the above is a law with respect to s51(i) (trade or commerce with other countries and among states) or any other head of power.

 

(a)   What (in broad terms) is the Commonwealth law about?

(b)  What heads of powers might be engaged?

(c)   Starting with the most promising head of power, what is the scope of the head of power?

(d)  Is the head of power a subject-matter head of power (most of the external affairs power and the corporations' power) or a purposive power (some of the external affairs power and the defence power)?

(e)   If a subject matter head of power:

a.     Is the law’s subject matter the same as that of the head of power?  Look at the legal operation of the law.  If yes, it is within power. 

b.     If no, is the law within the incidental aspect of the power?  Apply the sufficient connection test.  Look at the subject matter of the law, its practical effect and the purpose of the law.  If there is a sufficient connection, the law is supported by the head of power.  If there is not a sufficient connection, the law is not supported by the head of power. 

(f)    If a purposive power:

a.     Is the law reasonably appropriate and adapted to achieving that purpose?

Solution by an expert tutor
Blurred Solution
This question has been solved
Subscribe to see this solution