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

["Al" <alpout@optusnet.com.au>]

"Grahame Ferguson" <grahamef@users.mcmedia.com.au> wrote in message
3b0c853b@nap-ns1.netconnect.net.au">news:3b0c853b@nap-ns1.netconnect.net.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.

OK, and the fact that there isn't an interstate commission is
unconstitutional, as pointed out below (s101).

> 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.
>
>
>