Constitutional Law Report: Australian Case and Proposed Bill Analysis

This report provides an analysis of Australian Constitutional Law, focusing on a case study involving the proposed Administrative Security Act. The assignment begins with an introduction to the Australian Constitution and its legal framework, including key elements like constitutional monarchy, federalism, and separation of powers. The report then summarizes a case where a lawyer is asked to assess the validity of the Administrative Security Act, proposed to ensure the trustworthiness of government suppliers. The proposed bill's provisions, including the establishment of an Administrative Security Board, registration of suppliers, and an annual levy, are outlined. The report then assesses the validity of various provisions of the proposed act, considering factors like the practicality of compensation, the impact of supplier registration and license cancellation, and the implications of an annual administrative security levy. The conclusion reinforces the importance of the constitution and the potential benefits of the Administrative Security Act in protecting the government and citizens from illegal activities.

AUSTRALIAN
CONSTITUIONAL
LAW

Contents
INTRODUCTION...........................................................................................................................1
AUSTRALIAN CONSTITUION LAW..........................................................................................1
SUMMARY OF CASE...................................................................................................................2
SUMMARY OF PROPOSED BILL...............................................................................................2
VALIDITY OF DIFFERENT PROVISIONS.................................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................5

INTRODUCTION
Constitution is a set of fundamental and basic elements or principles in accordance of
which a state or a particular institution and organization is regulated. The rules and regulations
are compiled together. Constitution is a concept in which different rules and laws that has been
framed are written down or reduced into a single document or a several legal documents (Florey,
2012). All countries among world have their own constitution. In this present assignment,
different aspects of Constitution of Australia will be discussed. In addition to his, constitutional
validity of proposed Administrative Security Act will be determined. Various provisions relating
to this act will also be elaborated.
AUSTRALIAN CONSTITUION LAW
Constitution is an arena which is a set of legal documents consisting of rules and regulations by
which a country or a state is governed (Schwartz, 2013). In this light every country has formed
its own constitution. Australian constitution law is a legal framework which is formed with a
certain purpose of understanding and application of the Australian constitution. In addition to
this, several doctrines are also framed with a view point to interpret several legal terms and
concepts. In Australia, clause 9 of Commonwealth of Australia Constitution Act includes
Constitution (Fontana, 2011). It has created a regulatory framework which is consist of various
factors that are as:
 Constitutional Monarchy.
 Federalism.
 Parliamentary or accountable government.
 Parting of powers.
 Direct election to both houses of parliament.
 Judicial review.
The Senate is comprised of Senators from each state which are chosen directly from each state
from their people through voting until and unless provided by parliament as one electorate
(Watts,2015). In each states of Australia, there is an application of different laws and regulations.
Until it is being provided by Parliament, the laws made for each state which are related to
elections for numerous subjects, the Parliament laws will be applicable to elections of Senators
of state as well (Orgad, 2010). The Constitution features an exclusive separation of powers and
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powers of legislation is governed under Chapter 1 which is vested in Federal parliament. It can
also be noted that Australia is a constitutional Monarchy.
A Legal Bill can be considered as a legal and efficient, if it is consisting of provisions
which are beneficial for overall development of a country and its residents (Ginsburg and Dixon,
2011). It is approved by members of parliaments for enactment of bill as a legislation.
SUMMARY OF CASE
In this given case, it has been said that a lawyer has been asked to meet Australian
government. Furthermore, Senator Merkel is an administrator of Administrative security
department, which was created by a recent budget. It is a notable fact that ASD is a new
department and it’s been criticized by media and other people. The reason of criticism is that the
department is underfunded and pointless, also it plays no role in Australian Government. Also,
Senator Merkel informs that it is also a basis of apprehension that supplier of goods and services
are not transparent to the Australian government. In her opinion it can be said that supplier of
goods and services can be criminals, terrorists or hostile foreign government. In this case, the
Senator has asked the layer to examine the validity of proposed bill of an Administrative
Security Act, which will serve the basis of assuring Government of Australia that the suppliers
are business and individuals whose loyalties are beyond question, in a legal manner. This act is
consisting of various provisions. In accordance with a view of Senator, this proposed act will
serve as a legal basis for many aspects. Furthermore, Mr Street has remarked the said act as
“laughable”. Also, he said that this bill contains many problems and constitutional issues. So, in
this regard advise has been asked regarding validity of legal provisions of said Bill.
SUMMARY OF PROPOSED BILL
As, it has been said that the bill is proposed yet. This act is made of 4 parts which various
salient features which can be summarised as:
 Part 1 conveys that there should be an Administrative Security Board which will be held
responsible for safe promotion and supply of goods and services to government. In
addition to this, there will be a sum of money $10,000 given to suppliers who will
registers themselves in compliance of provisions of new act. Furthermore, it gives
freedom to take strict actions against anyone who is engaged in conducting offences
which are not legal in accordance with laws.
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Part 2 delivers that all suppliers of products and services to Government of Australia should
register themselves as registered dealers or suppliers under this Act. Also, there business will be
terminated if they do not get themselves registered under proposed scheme (Ginsburg, 2012).
 Part 3 levies that Board may impose an annual administrative security levy of $100,000
on all suppliers who are operating their business activities in Sydney and Melbourne with
annual sales levy revenues of $20 million or more.
 Part 4 consists of a provision that all monies and funds that have been collected should be
credited in an account namely Administration Security Protection Fund. Moreover, the
funds so collected will be used in utilisation for any purpose set out in provisions of said
act. Senator is confident about this new law proposed.
VALIDITY OF DIFFERENT PROVISIONS
As, Administrative Security Department has been framed for a purpose to provide security and
safeguarding from all suppliers, who supply various products and services to Government of
Australia. In addition to this, it has also been questioned in regard to his constitutional validity.
In this regard, my opinion is that this Board is useful for conducting legal operations of
Australia. It is due to reason that it will provide appropriate securities to administration and
protect it from all illegal conducts (Hirschl, 2014). Furthermore, it can be said that the board so
established will control or monitor various illegal activities and misconducts of suppliers of
products to Government of Australia. Administrative security board will be able to increase and
enhance security and transparency in respect of supply of materials and services by service
providers. On the other hand, the excuse of underfunded or pointless cannot be taken into
consideration as it can be provided with funds by revenue from many sources.
 Also, in this light, the cited board will provide security and safeguarding to not only
government, but also to citizens of country. So, this is not illegal or useless from any
point of view. In addition to this, Administrative security act is a good step for
assuring safety and safeguarding of all citizens and local people of country. It consists
of various laws and legislations which are framed in aspect of safekeeping of
residents as well as Government of Australia from any illegal and wrong practices.
Moreover, the proposed act also suggests that there should be levy of $10,000 as an amount for
compensation which should be given when a dealer or supplier is complying with all provisions
as laid down in act. In the terms of words, it can be sound as feasible, but in the sense of reality,
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it is not possible to give compensation to all the suppliers (Law, 2012). So, in my view this
provision is not feasible. Also, proper promotions with benefits should be made in respect of said
act as, it will create awareness among people.
 In addition to this, through enactment of this act, it can be possible to take strict
actions against civil and criminal suppliers who are not supplying goods and services
in a proper and transparent manner to the government of Australia. Through this
protection from unwanted and illegal suppliers can be obtained. In my opinion, this is
a legal and positive step by which illegal proceedings will be diminished.
Furthermore, a proper and legal framework can be established in a country so as to
make overall development. Moreover, in accordance with the provisions of
Constitution of Australia, this proposed act can also lead to create favourable
conditions in country.
Furthermore, this act additionally conveys that there are all suppliers and dealers whether sole
trader, partnership firms that are responsible to create, repair or dealing with or in goods and
services that are supplied to Australian Government, should get themselves registered. They
should get a licence from Board so as to continue their services. It can be further provided that if
they are not done with registration, then their license will get cancelled and will not allowed to
continue business activities. This is not valid as per law of constitution of Australia as
termination will affect their lifestyle (Liberman, 2013). It should not be practised. In addition to
this, their assets can also get forfeited as in case of non-registration. In my view, it will not create
good impact on dealers as they will not be able to proceed with their business activities which
will lead to weakening of economy.
In order to get Administrative Security License, it is necessary to render all details regarding
personal information of employees, corporate officers along with shareholders that are connected
and associated with suppliers of goods and services to government of Australia. This is a good
initiative which is taken in this Act, as it will enable to obtain all needed information regarding
different stakeholders and suppliers. As per my opinion, it is a good step which will generate a
clear and legal framework which will enhance development of economy of country. It would be
easier for administration to track all suppliers, which are involved in conducting in any case of
miss- happening. In addition to this, Board wants to levy in name of Annual Administrative
security levy of $100,000 on all suppliers who are operating their business activities in
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Melbourne and Sydney with annual sales turnover of $20 million or more. It is a right step
which is taken by Senator Merkel, as it will become a source of revenue to government of
Australia, which will lead to overall development of country (Mitchell and Studdert, 2012).
Furthermore, Part 4 requires that all the monies which has been collected by levy of different
taxes and other charges will be credited in a fund namely Administrative Security Protection
Fund, which will be utilised in different purposes which are set out in provisions of this act.
Also, it can be used for the benefits of people and suppliers who requires grants and other
supplies. This is a valid and appropriate initiative as it will enable small scale enterprises and
suppliers or dealers to develop and prosper their business enterprise (Ratnapala and Crowe,
2012). This can be set out as a valid law as it is consisting of various legal provisions which are
suitable to apply as legislation in Australia. Collection and utilisation of money will lead to
overall development of economy. The basic aim of government is to take care of interests of
citizens and people. So, through levy of different charges, it will create a positive impact on
economy of Australia.
CONCLUSION
From the above report, it can be concluded that constitution is an important document for a
country. It sets out various legal provisions which are considered as an important for a country. It
can be further said that it evolves basic legal structure which helps to guide administration in
order to performing their functions. In this report, proposal of Administrative Security Board has
been made. In this case legal advice from a lawyer has been taken by a Senator regarding
constitutional validity of provisions of newly set provisions. Also, enactment of Administrative
Security Act will also be considered as an appropriate initiative as it will protect government
from illegal and malpractices of suppliers while rendering goods and services.
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REFERENCES
Book and Journals
Florey, K. J., 2012. State Law, US Power, Foreign Disputes: Understanding the Extraterritorial
Effect of State Law in the Wake of Morrison v. National Australia Bank.
Fontana, D., 2011. The Rise and Fall of Comparative Constitutional Law in the Postwar Era.
Yale J. Int'l L.. 36. p.1.
Ginsburg, T. and Dixon, R. eds., 2011. Comparative constitutional law. Edward Elgar
Publishing.
Ginsburg, T., 2012. Comparative constitutional design. Cambridge University Press.
Hirschl, R., 2014. Comparative Matters: The Renaissance of Comparative Constitutional Law.
Oxford University Press, USA.
Law, D.S., 2012. Generic constitutional law.
Liberman, J., 2013. Plainly constitutional: the upholding of plain tobacco packaging by the High
Court of Australia. American journal of law & medicine. 39(2-3). pp.361-381.
Mitchell, A. D. and Studdert, D.M., 2012. Plain packaging of tobacco products in Australia: a
novel regulation faces legal challenge. JAMA. 307(3). pp.261-262.
Orgad, L., 2010. The preamble in constitutional interpretation. International journal of
constitutional law. 8(4). pp.714-738.
Ratnapala, S. and Crowe, J., 2012. Australian Constitutional Law: Foundations and Theory (pp.
1-466). Oxford University Press.
Schwartz, B., 2013. American constitutional law. Cambridge University Press.
Watts, R .L., 2015. Comparing Federal Political Systems. Understanding Federalism and
Federation, p.11.
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