Report

목차 (Table of Contents)

• CONTENTS
• PART ONE INTRODUCTION TO THE CONSTITUTIONAL REVIEW
• CHAPTER 1. APPOINTMENT AND PROCEEDINGS OF THE COMMITTEE = 1
• CHAPTER 2. NATURE AND SCOPE OF THE REPORT = 2
• Grouping of Recommendations = 2
• Reservations = 2
• References to the 1958 Report = 2
• The Commonwealth Constitution = 2
• Draft Constitutional Alterations = 3
• Persons and Organizations who submitted views to the Committee = 3
• The Convention Debates = 3
• Interpretation of the Constitution = 4
• The Royal Commission on the Constitution = 4
• PART TWO COMMONWEALTH LEGISLATIVE MACHINERY
• INTRODUCTION = 6
• CHAPTER 3. NUMBER OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES = 6
• Recommendations of the Committee = 6
• Composition of the Senate = 6
• Composition of the House of Representatives = 7
• Relative Size of the two Houses = 8
• Parliamentary Representation in the light of an Expanding Population = 8
• Increases in the Number of Senators = 9
• Dual Conception of the Senate at Federation = 10
• The Senate as a States House = 11
• Growth in national interests = 11
• Emergence of the Senate as a party house = 13
• Conclusions as to the role of the Senate as a states house = 14
• The Senate as a House of Review = 15
• Examination of other Grounds for further increase in the Number of Senators = 16
• Recommendations = 17
• Draft Constitutional Alterations = 17
• Number of senators = 18
• Number of members of the House of Representatives = 18
• Constitution, sections 25 and 26 = 18
• CHAPTER 4. DISAGREEMENTS BETWEEN THE SENATE AND THE HOUSE OF REPRESENTATIVES = 19
• Recommendation of the Committee = 19
• Application of Section 57 = 20
• Meaning of Section 57 = 21
• Section 57 and the Electors = 22
• Origin of Section 57 = 22
• The Double Dissolutions of 1914 and 1951 = 23
• Undesirable Features of Section 57 = 23
• Practical Importance of the Problems of Section 57 = 23
• Operation of Section 57 before Proportional Representation = 24
• Position since the adoption of Proportional Representation = 25
• Proposed Amendments to Section 57 = 27
• Conditions of deadlock on financial measures = 27
• Conditions of deadlock on other proposed laws = 28
• Amendments and suggested amendments to proposed laws passed by the House of Representatives = 29
• Settlement of a deadlock = 30
• (1) Double dissolution = 30
• (2) Joint sitting without dissolution = 30
• (3) General election without a double dissolution = 31
• Joint sitting following a double dissolution or a general election = 32
• Proposed draft section 57 = 33
• CHAPTER 5. TERMS OF SENATORS = 34
• Recommendation of the Committee = 34
• Constitutional Provisions = 34
• Convention Discussions on the Terms of Senators = 35
• Bicameral Legislatures = 35
• Disadvantages of the Allotment of Fixed Terms for Senators = 35
• Benefits of Simultaneous Elections = 36
• Recommendation and Draft Constitutional Alterations = 37
• CHAPTER 6. ROTATION OF SENATORS = 38
• Recommendation of the Committee = 38
• Legal Provisions = 38
• The Convention Discussions = 39
• History of the Rotation of Senators = 39
• Amendment of Section 13 = 40
• Recommendation = 40
• The Inclusion of Senators in a Class = 41
• Draft Constitutional Alterations = 41
• CHAPTER 7. CASUAL VACANCIES IN THE SENATE = 42
• Constitution : Section 15 = 42
• Recommendation of the Committee = 42
• Other Questions Arising under Section 15 = 43
• Application of Section 15 if Fixed Terms for Senators are Abolished = 43
• CHAPTER 8. DIVISION OF STATES INTO ELECTORAL DIVISIONS = 44
• Recommendations of the Committee = 44
• Constitutional Position = 44
• The Convention Debates = 45
• The Distribution of States into Divisions under the Commonwealth Electoral Act = 45
• Desirability of a Constitutional Safeguard = 46
• Proposed Constitutional Alterations to ensure the Equitable Distribution of States into Divisions = 47
• Role of the Parliament = 47
• Single member divisions = 47
• Fixed one-tenth margins = 48
• Decennial review of electoral divisions = 48
• Formation of Electoral Commissions = 48
• Responsibility of the Parliament = 48
• Sufficiency of a One-tenth Margin of Allowance = 49
• The problem of large-area electorates = 49
• Effects of population changes = 50
• Redistribution in practice = 51
• Recommendations and Draft Constitutional Alterations = 51
• CHAPTER 9. RECKONING OF POPULATION = 54
• Recommendation of the Committee = 54
• Operation of Section 127 = 54
• Justification for the Repeal of the Section = 54
• Recommendation = 56
• PART THREE CONCURRENT LEGISLATIVE POWERS
• INTRODUCTION = 57
• CHAPTER 10. NAVIGATION AND SHIPPING = 57
• Recommendation of the Committee = 57
• Constitutional Position = 58
• The Convention Discussions = 58
• Extent of Intra-state Shipping Operations = 59
• The Regulation of Navigation and Shipping in Australia = 60
• Registration of Ships in Australia = 62
• Changes in United Kingdom Shipping and Navigation Law since the Adoption of the Statute of Westminster = 62
• Implementation of International Conventions = 63
• Ships Registered in Australia which Operate between Overseas Ports = 64
• The Role of Shipping in National Development = 65
• Application of Section 92 of the Constitution to the Coasting Trade = 65
• Recommendation = 65
• CHAPTER 11. AVIATION = 65
• Recommendation of the Committee = 65
• The Developing Importance of Aviation in Australia = 65
• Constitutional Powers of the Commonwealth Parliament = 67
• Legislative Regulation of Air Navigation in Australia = 68
• Other Commonwealth Responsibilities = 69
• Provision of facilities = 69
• Granting of subsidies = 69
• Airline equipment = 70
• Air Transport Undertakings Operated by the Commonwealth = 70
• Application of Section 92 of the Constitution = 70
• Recommendation = 71
• CHAPTER 12. SCIENTIFIC AND INDUSTRIAL RESEARCH = 71
• Recommendation of the Committee = 71
• Constitutional Aspects of Commonwealth Research = 71
• Commonwealth Research Activities = 72
• Recommendation = 73
• CHAPTER 13. NUCLEAR ENERGY = 74
• Recommendations of the Committee = 74
• Developments in Nuclear Science = 74
• Connexion between the Peaceful and Military Uses of Nuclear Energy = 75
• Constitutional Position in Australia = 76
• Creation of the Australian Atomic Energy Commission = 76
• Search for Raw Materials in Australia = 76
• The Establishment of a Nuclear Power Industry in Australia = 77
• Production of Nuclear Fuel in Australia = 78
• Governmental Control in Other Countries = 79
• United Kingdom = 79
• United States of America = 79
• European Coal and Steel Community = 80
• Public Health and Safety = 80
• International Obligations = 81
• Recommendations = 81
• CHAPTER 14. POSTS AND TELEGRAPHS AND OTHER LIKE SERVICES : BROADCASTING, TELEVISION AND OTHER TELECOMMUNICATION SERVICES = 81
• Recommendation of the Committee = 81
• Constitution, Section 51(ⅴ.) : Brislan's Case = 81
• The Convention Debates = 82
• Broadcasting in Australia = 83
• Television in Australia = 83
• Allocation of Frequency Channels = 84
• Recent and Future Progress = 84
• Recommendation = 85
• CHAPTER 15. INDUSTRIAL RELATIONS = 86
• Recommendation of the Committee = 86
• The Industrial Powers of the Commonwealth Parliament = 87
• The Convention Debates = 88
• Common wealth Conciliation and Arbitration Legislation = 89
• Industrial Powers of the States = 90
• Application of Commonwealth Awards and Determinations = 91
• Analysis of Paragraph(xxxv.) : Its complexity and legalism = 92
• Prevention and settlement of disputes = 92
• Industrial disputes = 94
• Industrial disputes extending beyond the limits of any one State = 94
• Conciliation and arbitration = 95
• Application of Commonwealth awards to the States = 96
• Effects of the Present Division of Industrial Power between the Commonwealth and the States = 97
• Disparities between Commonwealth and State awards and determinations = 97
• Multiplicity of awards = 98
• The basic wage = 98
• State legislative intervention in industrial matters = 99
• Confusion of divided power = 99
• Should the Federal Arbitration Power be Repealed = 100
• Proposals for Amendment of Paragraph(xxxv.) = 101
• Extension of the arbitration power to all industrial disputes = 102
• Commonwealth industrial tribunals with power to make common rules = 102
• Commonwealth industrial tribunals with power to fix the basic wage and standard hours of work throughout industry = 103
• Removal of the limitation requiring disputes to be settled by conciliation and arbitration = 103
• Commonwealth authorities with general powers over terms and conditions of employment = 103
• Vesting the Commonwealth Parliament with direct legislative powers over industrial relations = 105
• Recommendation = 107
• CHAPTER 16. CORPORATIONS = 108
• Recommendation of the Committee = 108
• Constitutional Power with respect to Corporations = 108
• Previous Proposals to Amend the Constitution = 109
• Australian Company Legislation = 110
• State Agreement on Uniform Legislation = 112
• Other Reasons in Support of a Federal Company Law = 112
• Recommendation = 112
• CHAPTER 17. RESTRICTIVE TRADE PRACTICES = 113
• Recommendations of the Committee = 113
• The Federal Parliament's Constitutional Powers = 113
• Legislation of the Commonwealth Parliament = 114
• Progressive Industrialization and the Public Interest = 114
• Types of Restrictive Trade or Business Practices = 115
• Public Policy and the Common Law = 116
• Restrictive Practices Legislation of Other Countries = 116
• International Interest in Restrictive Trade Practices = 117
• Proposed Constitutional Amendment = 118
• Re-constitution of the Inter-State Commission = 119
• Application of Section 92 to Legislation dealing with Restrictive Trade Practices = 119
• Recommendations = 120
• CHAPTER 18. MARKETING OF PRIMARY PRODUCTS : CONSTITUTION, SECTION 92 = 120
• Recommendation of the Committee = 120
• Commonwealth Marketing Powers = 120
• Effect of Section 92 on Commonwealth and State Marketing Laws = 121
• Commonwealth Marketing Legislation = 122
• The Convention Debates = 122
• Earlier Proposals for Constitutional Amendment = 123
• Long-Term Stability in the Primary Industries = 124
• Insecure Legal Basis for Organized Marketing in Australia = 125
• Commonwealth-State Complementary Legislation : The Wheat Industry = 126
• Wheat marketing during World War Ⅱ = 126
• Commonwealth-State legislation on wheat = 126
• Section 92 = 127
• Consumer interest = 128
• Negotiation of new marketing arrangements = 128
• Dried Fruits Industry : Voluntary Equalization = 129
• Dairying Industry : Equalization and Commonwealth Bounty = 129
• Orderly marketing before World War Ⅱ = 129
• Voluntary equalization = 129
• Commonwealth financial assistance = 130
• Dangers of breakdown in existing arrangements = 130
• Future Marketing Problems = 131
• State Marketing Laws and the Operation of Section 92 = 131
• Proposed Constitutional Alteration = 132
• CHAPTER 19. ECONOMIC POWERS = 133
• Recommendations of the Committee = 133
• Capital issues = 133
• Consumer credit = 133
• Interest rates in connexion with loans secured by mortgage of land = 133
• Legislative Powers of the Commonwealth Parliament affecting the Australian Economy = 134
• Trade and commerce = 134
• Taxation = 134
• Banking = 134
• Currency and coinage = 135
• Corporations = 135
• Borrowing of money by the Commonwealth = 135
• Public expenditure = 136
• Other legislative powers = 136
• Commonwealth economic powers contrasted to the defence power = 136
• The Convention Debates = 136
• The Commonwealth's Assumption of Economic Responsibility = 137
• Emergence of a national economy = 137
• Aggregate expenditure = 138
• National crises = 138
• National development = 138
• Commonwealth Post-war Economic Policy = 138
• Post-war boom = 138
• Recession in 1951-52 = 139
• Checks to inflation in 1956 = 139
• State of the economy in 1959 = 139
• Conclusions as to post-war economic experience = 140
• Changing Pattern of Financial Institutions = 141
• Commonwealth Credit Policy and the state of the Economy = 142
• Consequences of inflation = 142
• The supply of credit and inflation = 142
• Capital Issues Control : Experience in Australia and other Countries = 143
• Recommendation as to Capital Issues = 144
• Consumer Credit = 145
• Growth in Volume of Hire-Purchase Business = 145
• Availability of Consumer Credit and the state of the Economy = 146
• Regulation of Consumer Credit = 146
• Recommendation as to Consumer Credit = 148
• Interest Rates in connexion with Loans secured by Mortgage of Land = 148
• Rates of Interest and the Production of Goods and Services = 148
• Construction of Dwellings = 148
• Recommendation as to Rates of Interest = 149
• PART FOUR OTHER RECOMMENDATIONS
• INTRODUCTION = 150
• CHAPTER 20. INTERSTATE ROAD TRANSPORT = 150
• Recommendation of the Committee = 150
• Validity of State Road Charges and Licensing Legislation = 150
• Border Licence = 152
• National Importance of the Road Transport Industry = 153
• The Proper Contribution of Interstate Road Transport = 155
• State Railways = 156
• Recommendation = 156
• The Commonwealth and Road Charges = 157
• Section 92 and Charges on other Forms of Transport = 158
• CHAPTER 21. NEW STATES = 158
• Recommendation of the Committee = 158
• Historical Background to the Formation of New States = 158
• Constitutional Provisions = 160
• New State Activity = 161
• Royal Commission on the Constitution = 162
• Reasons Advanced for the Formation of New States = 162
• Need for Constitutional Change = 163
• Proposals for Constitutional Amendment = 164
• Proposal of the Royal-Commission on the Constitution = 164
• Institute of Public Affairs(N.S.W.) = 166
• New State Movements = 167
• Recommendation = 168
• Constitutional Problems Arising from the Creation of New States = 169
• CHAPTER 22. ALTERATION OF THE CONSTITUTION = 170
• Recommendation of the Committee = 170
• Constitutional Provision for Constitutional Alteration = 170
• Background to Section 128 = 171
• Record of Constitutional Amendment = 171
• Proposed Modification of Section 128 = 172
• SECRETARIAT : PRESENTATION OF THE REPORT
• APPENDICES
• APPENDIX A. INDUSTRIAL RELATIONS : MR. DOWNER'S RESERVATION = 174
• APPENDIX B. SENATOR WRIGHT'S DISSENTING REPORT = 176
• APPENDIX C. 1958 REPORT FROM THE JOINT COMMITTEE ON CONSTITUTIONAL REVIEW = 189
• APPENDIX D. THE COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT = 212