Re: Federal Budget- Nothing for the Nation's Railways!

["Grahame Ferguson" <grahamef@users.mcmedia.com.au>]

Al wrote in message
<3b0c583f$0$25509$7f31c96c@news01.syd.optusnet.com.au>...
>Here's an answer straight from the Constitution:
> 104. Nothing in this Constitution shall render unlawful any rate for the
>carriage of goods upon a railway, the property of a State, if the rate is
>deemed by the Inter-State Commission to be necessary for the development of
>the territory of the State, and if the rate applies equally to goods within
>the State and to goods passing into the State from other States.
>
>So why not get the Inter-State Commission, or modern equivalent, to declare
>that NSW doesn't need its rates so high?
>
>Al

There is no interstate commission, but there is constitutional power
available to the Commonwealth if it wanted to do so.  In fact the
Constitution gives the Commonwealth powers in respect to trade and commerce
in reference to railways, but it never has been used.

The relevant sections are:

Trade and commerce includes navigation and State railways.
98. The power of the Parliament to make laws with respect to trade and
commerce extends to navigation and shipping, and to railways the property of
any State.

Commonwealth not to give Preference.
99. The Commonwealth shall not, by any law or regulation of trade, commerce,
or revenue, give Preference to one State or any part thereof over another
State or any part thereof.

Inter-State Commission.
101. There shall be an Inter-State Commission, with such powers of
adjudication and administration as the Parliament deems necessary for the
execution and maintenance, within the Commonwealth, of the Provisions of
this Constitution relating to trade and commerce, and of all laws made
thereunder.

Parliament may forbid Preferences by State.
102. The Parliament may by any law with respect to trade or commerce forbid,
as to railways, any Preference or discrimination by any State, or by any
authority constituted under a State, if such Preference or discrimination is
undue and unreasonable, or unjust to any State; due regard being had to the
financial responsibilities incurred by any State in connection with the
construction and maintenance of its railways. But no Preference or
discrimination shall, within the meaning of this section, be taken to be
undue and unreasonable, or unjust to any State, unless so adjudged by the
Inter-State Commission,

Commissioners' appointment, tenure, and remuneration.
 103. The members of the inter-State Commission-
(i.) Shall be appointed by the Governor-General in Council:
(ii.) Shall hold office for seven years, but may be removed within that time
by the Governor-General in Council, on an address from both Houses of the
Parliament if the same session praying for such removal on the ground of
proved misbehaviour or incapacity:
(iii.) Shall receive such remuneration as the Parliament may fix; but such
remuneration shall not be diminished during their continuance in office.

Saving of certain rates.
104. Nothing in this Constitution shall render unlawful any rate for the
carriage of goods upon a railway, the property of a State, if the rate is
deemed by the Inter-State Commission to be necessary for the development of
the territory of the State, and if the rate applies equally to goods within
the State and to goods passing into the State from other States.

If some politicians had the guts to put it to the parliament then the
Commonwealth could act and the Interstate Commission could enforce section
104.

Regards,

Grahame.