Australian Constitutional Law: Validity of The Emergency Powers Act 2021

This article discusses the constitutional validity of The Emergency Powers Act 2021 under Australian Constitutional Law. It covers the history of Australian Constitution, three levels of government, law-making process, and the validity of the Act's provisions.

Australian Constitutional
Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Provide advice regarding constitutional validity of “ The Emergency Powers Act 2021”.........3
CONCLUSION................................................................................................................................9
REFRENCES.................................................................................................................................10

INTRODUCTION
Constitutional laws means those body of laws which is used for defining roles, powers
and structure of various entities which are present within state and helps in operating various
perspectives present within a country. These laws recognizes basic rights of citizens with there
legal validity. The law has been able to enshrine all aspects related to territorial government and
central government. It is helpful in determining principles and laws in relation over state and
social group which makes determination of powers and duties to be followed by government.
Constitutional law are the foundation of law which is makes specific jurisdiction formed making
establishment of judicial and government authorities which helps in serving primary and
secondary objectives in relation to societies welfare. In this file the major perspective to be
covered is based upon proving validity of “ The Emergency Powers Act 2021” as per Australian
constitution law and its process.
MAIN BODY
Provide advice regarding constitutional validity of “ The Emergency Powers Act 2021”
The Australian Constitution makes description possible upon the role and power of
Australian Parliament(Katsos and AlKafaji, 2019). Also the constitution of Australia helps on
stating power which leads upon making law to be formed. Under it various aspects regarding
details roles and various rights of Australian Citizens has been explained which is based upon
social norms. The history of constitutional existence is that about 50,000 years ago Aboriginal
and Torres Strait Islander people has been living upon lands and participated in traditional
cultural and languages. In late 1700s British began to establish colonies and started ruling them
and during 1800 there were existence of parliament in these colonies and had their own
parliaments and are subject to law making power of British Parliament. These perspectives were
adopted by various colonies as they began to see that it has helped in making benefits to be
formed. In 1890s lot of meetings were conducted with conventions and has been attended by
representatives upon each colony. This lead upon drafting of constitution and then the
perspective was put into voting in order to understand its acceptance in those colonies. This
made the concept of constitution attain its roots within history and lead over formation of British
Parliament. The Commonwealth of Australia Constitution Act 1900 was passed and come into
effect from 1st January 1901. The colonies become Australian state and Australian Parliament

was formed. The Australian Constitution contains eight chapters and 128 sections and has been
formed as per Australia's federal system and has various key features they are as follows: In this
Australian Parliament and government responsibility which helps in developing decision making
as per legal perspectives(Lasprogata and Foster, 2016). The Parliament includes Queen and has
presentation of six government in relation to there important matters. Power sharing and
arrangements within Australia and its states parliament. The High Court of Australia that is final
court of appeal and has been given interpretation power in relation to constitutional aspect. Also
has been given power to settle disputes within the Australian and state government. The
constitution of Australia does not cover all perspectives which make governing of Australia
done. For example, the and the are not mentioned in the Constitution. The Prime Minister and
Cabinet operate by custom and tradition, similar to the British system from which they came.
Constitution has not explained in detail about various rights of people of Australia. Unlike the
Constitution of the United States, Australia's does not include a bill of rights. In Australia these
rights are protected by (made by the courts) and statute law (written law made by Parliament). It
has been provided regarding “Changing the Australian Constitution” which has been approved
by people of Australia that proposed changed should be approved by Parliament by Australian's
and it has been approved through voting and Whip system. It is based upon double majority
which makes laws to be amended as per the conditions which has been taking place within
society
Three levels of government: governing Australia
In Australia there are three levels within government which work together over services
and needs of constitution. They have various roles and responsibilities to be played making
constitutional framework to be formed more effectively. This has helped in making Parliament
expansion in relation over functions possible. These three level work as per the legal structure
and they are federal parliament which makes laws for Australia and then comes six states and
two mainland territory of parliament making law for state or territory. Also there are five
hundred local laws for region of district. This based upon division of power which determines
capability of working together with responsibilities that has been shared by them. In Australia
aged eighteen years and above has been voting for electing representatives of federal, state and
territory parliaments, and local councils to make decisions on their behalf. This means
Australians have someone to represent them at each level of government. History of three levels

of Australian government is related upon uniting of six British colonies that are New South
Wales, Western Australia, Queensland, Victoria, South Australia and Tasmania leading towards
formation of Commonwealth of Australia. In 1850 each colony was run by non elected governor
that was appointed by British Parliament(Lee, 2017). Then under 1860 the colonies apart from
Western Australia has been granted partial self government by Britain. They have there own
written constitution, parliament and laws. The British Parliament retains about power for
making laws over colonies that rule over passed through colonial parliaments. In the end of 19th
century the needs of national government raised in the Commonwealth of Australia. This need
was raised regarding defence, immigration and trade. This become one the most effective aspect
leading towards uniting of colonies as per legal structure of parliament. It has set out legal
framework through which Australia has been governing in order to resolve issues that has been
impacting society at large. The perspective lead upon making power shared between Australian
government and state. As per the constitution states has kept their own parliaments and most of
the existing power and federal government has given responsibility over areas which impacts
nation in wider terms. State parliament has given powers to local council and has asked for
looking over particular needs with local communities. The law making of Australia includes
Parliament with 227 members. In this 76 is in Senate and 151 is in the House of Representatives
responsible for making federal laws. Under section 51 and 52 of Constitution has been able to
describe about law making power of federal parliament. In section 51 and 39 list has been
covered which the federal parliament is having legislative power based upon law making powers
that includes international and Australian trade and commerce, defence, postal and
telecommunications, services, banking and insurance, foreign policy, citizenship, taxation,
pensions, census and statistics, welfare payments, currency, Medicare, national employment
conditions, marriage and divorce, immigration. As per section 51 of Constitution parliament is
required to deal over matters which has to be refereed to federal Parliament. The sections give
power for making laws about issue stating responsibility which makes federal law to be applied
within the state referring upon responsibility. Some of power that has been listed within section
51 which are elusive in nature of federal parliament making laws in these areas. These powers
are included with various sections that are 52, 86, 90,114,115 and 122.
Making a law in the Australian Parliament

The law making process within Australian Parliament is based upon describing ideas for
laws and making history of law making within the Parliament. These laws are formal rules which
are present within society and has been using over making people and organizations work as per
the laws only. In Section 51 of Australian constitution the parliament has been given power for
making laws regarding certain matters. In parliament bill has been proposed in relation over new
law with changes. The bill often seek for addressing important issues that is faced by Australian
community(Lifshitz and Finkelstein, 2017). These laws are formed with the helps of lawn
making proceed that includes path of bill in the boll only one become law that has been passed
by voting majority and the House of Representative. The bill should be agreed upon making
identical form by both Senate and House which is given by Governor General. The act has been
specified the date that makes new laws to be formed. In this Royal Assent. Almost all bills has to
be introduced within House of Representative and then send to senate. Bills can start in Senate
except over money and taxation bill. In this most of bill has been introduced by government and
other members which is introduced by government. In the parliament other members can
introduce private bills that represents their idea. Bills takes vary long time to be passed through
parliament. Also bill can be passed in emergencies that is passed in matter of hours and days.
There are various kinds of bills which has been passed within Australian parliament passed
within law. Origins of bills, Bills can start in different ways which are many advise its
minister is about making specific problem that exists. The ministry has been advising about
specific problems which exists and arrange for to be drafted in order to find solution over
problem. In this suggestions are been presented through bill. They have there open ideas about
making Australia governed about parties introducing bills aiming for making ideas in action. The
parliament is able to form parliamentary committee in order to examine current issue. It is
required to take action suggested by bill introduced. There are various steps that has been used in
law making process which are explained as follows:
Step 1: The bill is drafted
In this step only the bill has been presented within the parliament by the government
which makes ideas for law to be provided with the other members of parliament. Only bill is
presented and nothing is done upon it.
Step 2: The bill is introduced

Under the step bill has been presented for making discussion done upon its various
aspects which makes bill introduced within the House. This makes bill introduced within Senate
and then detail discussion done over it. Also voting is done at the stage.
Step 3: The bill goes to committee
In this bill has been introduced which is referred over committee. In this Both House and
Senate makes committee composed with amendments to be suggested. The bill is viewed and
changes are told. Then again voting is done upon it which make bill to become more valid in
nature.
Step 4: Subcommittee review of the bill
In this steps again discussion is done upon the amended parts which makes further
specialization to be done on certain topic. The committee has been referred over subcommittee
over studying and hearings. Under this voting is gain done when the bill is presented with
amendments.
Step 5: Committee mark up of the bill
When the hearings and subcommittee review are completed, the committee will meet to
"mark up" the bill. They make changes and amendments prior to recommending the bill to the
"floor". If a committee votes not to report legislation to the full chamber of Congress, the bill
dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called
"ordering a bill reported"(Orozco, 2016).
Step 6: Voting by the full chamber on the bill
Then the bill reaches the floor and debate is done over the bill and full chamber is require
to make amendment upon bill through voting done in passed or defeated motion.
Step 7: Referral of the bill to the other chamber
In this step House of Senate passes to other chamber within which same process is
follows if amendments made within the bill are not satisfactory in nature. Then government is
required to reconsider the suggested amendments making final bill to be send in house of Senate.
Step 8: The bill goes to the president
Then after following the above process bill is send to President for approval which makes
laws to be formed in more effective manner. The President requires to make approval upon
legislation that has been signed. In this voting is done for making bill passed by President.
Step 9: Overriding a veto

If the bill is not passed by President but has been passed by Senate and the House with
two third majority then president overrules bill making it permanent law to be formed.
Constitutional validity
This is the process by which acceptance of the bill or particular is shown in relation to
constitutional structure of a country. The concept has been applied within the give scenarios in
am way that new bill “ The Emergency Powers Act 2021” which is about to be launched and
aspects covered within it are related to identity card named as “ AustCard”. This is valid as per
the constitution as having one identity card makes its easy for the citizens to have access upon
schemes launched by government. Also the identity card makes all citizens having banking and
insurance with various other services availed as per legality. This identity card is not infringing
personal or fundamental rights and helps government in keeping records. Its make the part to be
constitutionally valid. Then come second part which makes sure that person above sixteen years
of age can carry id cards and is required to be presented in front of police. The identity card is
useful for police in order to make identification of criminals possible within particular case. This
lead towards making legality protected in relation to legal perspective. It shows that the part is
having constitutional validity in terms of work which is required to be done by police. Also it
holds validity in relation to urticaria perspective which tends over protecting individual or public
at large(Park and Samples, 2017). The comes part third which is based upon managing of
emergency projects in the interest of national security is required to be handled by Ministers. It
makes establishment of Australian Emergency Force for dealing with emergency. Also the part
has been dealing with confers power on the EPA to, at its discretion, conscript any person over
18 to work on Emergency Projects. The Act requires all persons on turning 18 to register with
the EPA so that, if individually conscripted to serve in the Force, they can quickly render
national service to the EPA to work on these “Emergency Projects”. Conscripts serving in the
Force will be paid from the Fund (set up by Part 5) for such work as they do at the discretion of
the Minister. Failure to register with the EPA for possible conscription means denial of
educational and medical benefits. Also in this part of $500 is required to be given which is acts
as insurance of AustCard and other part has been prohibiting Australian citizen that is not having
validity in relation to voting. This is not valid as per constitution as there basic right of voting is
taken from them. Then comes fourth part related to providing reimbursements over education

and medical care for life children having age of below 18 years. This holds validity in relation to
constitution which makes various perspectives covered in relation to funds and pension. Thus
this part is constitutionally valid in a way that it makes right of education to be protected that is
an fundamental right and has been given under constitution. Then comes fifth and sixth part deal
with arrangements of funds by minister which is arranged with the confiscated property that has
take basic right of having home form an individual. After having discussion done within the
perspective of constitutional validity of the act it can be observed that different aspects of the
acts is protecting fundamental rights of an individual but has also been able to protect basic
constitutional structure. Alps it holds flexibility in its nature making perspective of legality
achieved. This shows the act is having validity as per constitution but certain perspective of part
4 and 5 violates fundamental right which makes the act to be unconstitutional in nature. It has
been resulting in making the act to be null void and thus being an “Constitutional Law Expert”
my advice is that the act is not valid in nature..
CONCLUSION
From the above discussion it can be concluded that constitutional law is that perspective
which is used in order to form legal structure which helps in protecting law as per legal aspect to
be covered. In this file things to be discussed is based upon an act which has been newly
developed in relation to its constitutional validity. Then Australia law making process is
discussed with different legal perspective and then existence of parliament and formation of
national government has been discussed. In the end advice is give upon various perspective of
the act.

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