31 – Wayne Glew – Nov 2019
Section 109 – When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. – ie Tolls, rates etc
Our Ref: 67-13880
Mr ………………………………..
Email to: xxxxxxx@xxxxxxxxxxxxxx
Dear Mr ……………………
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT
Thank you for your letter to the Hon. John Quigley MLA, Attorney General, dated 17 September 2019 regarding the Constitution. The Attorney General has asked me to respond to you.
While I cannot identify from your email in what context the Hon. Sue Ellery, Minister for Education and Training was referring to the Constitution 1901, I can provide a brief outline of the purpose of this legislation.
The Commonwealth of Australia Constitution Act (the Constitution) came into effect in 1901. It is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of the states. An Act passed by a Parliament is invalid if it conflicts with the Constitution.
The Constitution describes the composition, role and powers of the Australian Parliament. This includes how the Commonwealth and states share the power to make laws. The Constitution also details some of the rights of Australian citizens, for example – the right to religious freedom. The Constitution can only be changed with the approval of the Australian people, by referendum.
Further information on the Constitution is available online here:
Thank you for raising this matter and I trust this has been of assistance to you.
Yours sincerely
Dr Adam Tomison
DIRECTOR GENERAL
DEPARTMENT OF JUSTICE
David Malcolm Justice Centre
28 Barrack Street PERTH WA 6000
GPO Box F317 PERTH WA 6841
Phone (08) 9264 1600 Fax (08) 9264 1121
www.justice.wa.gov.au
The above Paragraph 3 is telling us that all so called Australian Government are under the Commonwealth of Australia Constitution Act.
If this is so then why does the Australian Government and State Governments NOT allow the Farmers to use water ?
Commonwealth of Australia Constitution Act 1901
Chapter IV – Finance and Trade
Sec 100 Nor abridge right to use water
The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the
reasonable use of the waters of rivers for conservation or irrigation.