Talk:Australian commerce clause

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Australian Commerce Clause           (Debaratihalder 03:24, 16 December 2006 (UTC)) Similar to the American Commerce clause under Sec 8(1),Art I, the Australian constitution discusses the commerce caluse in two separate chapters: (1) In sec 51(1) the commonwealth has power to make laws on trade and commerce with the foreign nations and with the states; and (2) The commerce clause is again discussed under the finace chapter. Sec. 92 discusses about the free flow commerce. It says in it's first paragraph that trade and commerce will be absolutely free in Australia. but the second paragraph discusses about the revenew to be collected for the interstate coomerce immediately before the imposition of the unifom duties of customs. In a landmark decision in Coal vs. Whitefield (1988) it was held that freedom means economic freedom here and not personal right to freedom.

But, unlike the American constitution, the Australian commerce clause is more clearer. under sec 98, it says the commerce caluse includes navigation as well. under sec 99 the constitution states that the commonweth cannot prohibit any state or residents of any state from using the state water for irrigation purposes.the constitutioj not only prohibits the commomwealth only but also the states from showing discrimination against any state or authority. in sec. 102 no state can show preference to any state or any authority for the usage of the railways which is a state property over other states if the same discrimination is undue. but there are two exceptions to this discrimination caluse: 1. under sec 102 if the Internstate Commission certifies the discrimination as proper forthe mainteanace and development of the state property; 2. under Sec.104,the stated can can levy tax on the carrige of goods by railways if the rate is similar to the intenal carrige rates and if the Inter State commission certifies the same. finally the austalian constitution creates one Inter State commission under sec 101 for resolving the disputes regarding the free flow of commerce. the members are appointed by the Governor General.