Important Cases

Question 1

Tas Dam: Treaties

Answer 1

• Treaties only apply when Aus Parl ratifies through statute
• HC decided that “external affairs”&raquo_space; Clth can fulfil oblig/rights under treaties

Question 2

Tas Dam: Significance

Answer 2

1. “External affairs”&raquo_space; fulfil oblig even if no express right to make laws in relation to that subject
2. Decision of the case has been affirmed since
3. “Ext affairs” used by Clth to make laws in a number of areas

Question 3

Tas Dam: Which case affirmed

Answer 3

Lemonthyme Forest Case affirmed external aff powers

Question 4

Tas Dam: When has “ext aff” power been used to make laws

Answer 4

“Human Rights (Sexual Conduct) Act 1994 (Clth)”
» Clth law ruled over state law bc of an international treaty