[UMA-SR-000000865] ACC 10 External Affairs Sub-Committee Files

Description

IdentifierUMA-SR-000000865Extent8 filesScope and ContentThe External Affairs Sub-Committee was formed by the Standing Committee in 1983 and held its first meeting on 30 June. The Standing Committee referred to the External Affairs Sub-Committee the following motion passed in April 1983 at the plenary session of the ACC:

That this Convention, expressing its concern that the traditional balance of legislative, executive and judicial powers between the Commonwealth and the States may be destroyed by an expansionary interpretation of section 51 (xxix) of the Constitution, directs that a subcommittee be established to -

(a) examine the scope of powers arguably possessed by the Commonwealth Parliament under section 51 (xxix);
(b) consider the possible effect of these powers on the division of legislative, executive and judicial powers which has traditionally existed in the Australian federation;
(c) suggest mechanisms involving both the Commonwealth and the States whereby Australia's international obligations may be met whilst, at the same time, preserving the traditional distribution of legislative, executive and judicial powers under the Constitution; and
(d) formulate such mechanisms into proposals to be submitted to the next session of this Convention.

In addition, the Executive Committee at its meeting on 3 June 1983 referred the following matters to the External Affairs Sub-Committee:

1. Civil aviation within Australia, and in particular, the right of States to determine access by airlines to airports within those States.
2. The reference to State Parliaments of international treaties involving matters of domestic concern to those States.

The civil aviation reference seems to have arisen in Queensland. This matter was subsequently dropped after the Sub-Committee was informed that Queensland no longer wished to pursue it.

The following matter (one of several raised in a telex from Queensland's Attorney-General) was referred to the External Affairs Sub-Committee by the Standing Committee on 13 July 1983:

That the Commonwealth Government hold an early referendum to limit the effect of the

expansive interpretation of the external affairs power adopted by the High Court in the Tasmanian Dam Case, the question and arguments to be put to be framed by the External Affairs sub-committee.

The Standing Committee also passed a motion that the External Affairs Sub-Committee give priority to consideration of the above proposal and that a first report be finalised by 31 October 1983. The Sub-Committee considered this matter at their next meeting on 19 December 1983. It was agreed, however, to defer consideration of the matter pending the further work of the Sub-Committee.

The External Affairs Sub-Committee produced a Report to Standing Committee dated September 1984, together with 14 Appendices including research papers, speeches and other material. One major preoccupation of the Sub-Committee was the Tasmanian Dam Case (1983) and the significance of the High Court's decision, particularly in relation to the external affairs power of the Commonwealth under section 51 (xxix) of the Constitution. The Sub-Committee considered and reported on existing practices and procedures for Commonwealth/State treaty consultation and a range of related proposals. The Sub- Committee also recommended the establishment of an Australian Treaties Council.

This series of files falls into the following categories:

Agendas, Minutes and Correspondence: The main file (No. 1) contains agendas, minutes and correspondence of the External Affairs Sub-Committee, filed together in a roughly chronological sequence. The correspondence includes letters to and from the Chief Executive Officer, the Assistant to the Chief Executive Officer, and the Secretary to the Sub- Committee (Kevin Martin). A smaller file (No. 2), possibly compiled by Legal Research Officer Lynette Lenaz-Hoare, contains agendas, minutes and some associated correspondence. Both files also include other relevant material such as membership lists, research papers and drafts of the Sub-Committee's report.

Papers: Research papers, articles, opinions, comments etc.

Report: Drafts and proofs of the Sub-Committee's report, filed separately or with minutes or papers. The final printed report can be found with the Proceedings of the Brisbane Convention, 1985.Access StatusOpen for public accessRequest Access to RecordsRequest records from this Series

Series

Item

Provenance

CreatorAustralian Constitutional ConventionRoleProvenance

Provenance

CreatorFinemore, JohnRoleProvenance

Dates

Date1976-1985

Relationships

Preceding Series[UMA-SR-000000860] ACC 5 Standing Committee 'C' FilesRelated Series[UMA-SR-000000862] ACC 7 Standing Committee Files[UMA-SR-000000874] ACC 19 Printed Proceedings, Reports and Papers[UMA-SR-000000884] ACC 29 Papers on Agenda Items[UMA-SR-000000890] ACC 35 Papers re the Origins, Organisation and Achi

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[UMA-SR-000000865] ACC 10 External Affairs Sub-Committee Files