The Australian Government 's Action Under The Asiatic Act

2301 Words Nov 20th, 2014 10 Pages
I have been asked to advise Summer Rayne whether (1) the Australian government would be able to stop him from helping the Afghanistan asylum seekers by his boat’s action under the ASIATIC Act, (2) the government would be able to forfeit his speedboats under the ASIATIC Act without returning it back to him, (3) any sales and purchase of the T-shirts would be legal, and (4) overall he would have any chances of challenging the Act.

It appears that although there are some invalid provisions – sections 4(4)–(5) and section 5(4) of the Act, the Act is overall valid to stop him from any actions helping the Afghanistan asylum seekers by severing the invalid portion of the Act.

HEADS OF POWER
Defence Power: sections 2, 3, 4(1)–(3)
It appears that sections 2, 3 and 4(1)–(3) may be supported by the Defence Power, under section 51(vi). Section 2 provides the objects of the ASIATIC Act. It states that the legislation’s purposes, with respect to “defence of the Commonwealth of Australia”, to support any Australian Government agency and its members (s 2(i)), to control anti-social behaviour interfering the policies for defence (s 2(ii)), to prevent the recurrence of the anti-social behaviour (s 2(iii)), and associated the purposes (s 2(iv)). Dixon J stated that a law with respect to the defence power expresses connection to defence of the Commonwealth in its purpose or object, according to its purposive nature. This provision clearly states that the Act has the connection to the…
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