LAW5007 - Principles of Constitutional Law - Coal Power Futures Corporation - Law Assignment Help

Assignment Task :

How Good Is Coal (Coal Power Futures Corporation) Act 2020
Part 1 General
1. This Act may be cited as the How Good Is Coal (Coal Power Futures Corporation) Act 2020.
2. This Act commences operation on the date it receives Royal Assent.
 

Part 2 The Coal Power Futures Corporation
1. The Coal Power Futures Corporation is hereby established as a body corporate.
2. The function of the Coal Power Futures Corporation is to establish and operate a coal-fired power station to produce electricity.
3. The Coal Power Futures Corporation must not purchase coal mined from any location other than New South Wales.
4. The electricity produced by the Coal Power Futures Corporation must be offered for sale to aluminum smelters located within 100 kilometers of the Newcastle post office in New South Wales.
5. The Coal Power Futures Corporation must not sell electricity to any person or entity not mentioned in section 6.

Part 3 Limitation of Liability of Coal Power Futures Corporation
1. This part applies to any award of damages by a court payable by the Coal Power Futures Corporation arising out of any suit in law or equity.
2. In respect of an award of damages to which this Part applies, the Coal Power Futures Corporation is liable to pay only a sum equal to the value of eighty percent of the award of damages.

Part 3 of the Act impacted one of the Coal Power Futures Corporation’s employees, Trinity Tuck, shortly after the Act came into operation. Tuck won a negligence case against the Corporation and was awarded damages of $100,000 by the court. Relying on Part 3 of the Act, the Corporation paid Tuck only $80,000.
The Bill for the Act was introduced into Parliament by the Minister for Energy, the Honourable Divina Campo MP. Campo is currently serving her third consecutive term as a member of the House of Representatives. During her current term, Campo discovered that she is a citizen of Syria by reason of her ancestry. Syrian law permits a person to renounce their citizenship only by a process requiring the person to attend an interview in person once a week for six weeks conducted at the Syrian Justice Ministry building in Damascus. 
Due to ongoing conflict and civil war, the Australian Department of Foreign Affairs and Trade currently advises Australian citizens to not travel to Syria in any circumstances. Authorities in European countries and the United States also advise their citizens to not travel to Syria.
Under section 119.2 of the Criminal Code Act 1995 (Cth), it is an offense for an Australian citizen to enter a ‘declared area’ of a foreign country. The maximum penalty is imprisonment for 10 years. The Damascus region of Syria is currently a declared area for the purposes of that provision.
Rather than following the Syrian citizenship renunciation process, Campo wrote the following letter to the Syrian embassy in Canberra and sent a copy to the Syrian Justice Ministry:

1. Is Part 2 of the How Good Is Coal (Coal Power Futures Corporation) Act 2020 (Cth) supported by section 51(i) of the Australian Constitution?
2. Is Part 3 of the How Good Is Coal (Coal Power Futures Corporation) Act 2020 (Cth) invalid by reason of section 51(xxxi) of the Australian Constitution?
3. Is Davina Campo incapable of sitting as a member of the House of Representatives by reason of any part or parts of section 44 of the Australian Constitution?

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