LAW5CSL - The Relevant Sections Of The General Agreement On Tariffs And Trade - Law Assignment Help

Assignment Task

The assignment requires you to submit an, approximately, six-page long Summary of Argument by 5 pm on Monday5October 2020. Submission of the assignmentis via the LMS.You should check the LMS for any further instructions on thesubmission process. This assignment is worth 30% of the final mark in this subject.

The statute in this assignment is a work of fiction. Excerpts from any treaties or conventions that are stated below are all that is needed to complete the assignment.

The following facts are relevant to the assignment:

The Foreign Corporations Interference and Other Measures Act 2020 (Cth) came into operation on the 21 July 2020. In her second reading speech to the Foreign Corporations Interference and Other Measures Bill2020 (Cth),the Minister for Foreign affairs said:

The passage of this Bill through Parliament will be a watershed moment in securing Australia’s interests against foreign interference. Our commitment to this ground-breaking legislation comes out of the fact that Australia is a proud signatory to General Agreement on Tariffs and Trade and the United Nations Charter. The Federal Government is also mindful that it has a responsibility to all Australians in the conduct of foreign affairs and the regulation of corporate activity.

The relevant sections of theGeneral Agreement on Tariffs and Trade are: 

Preamble

Being desirous of contributing to these objectives by entering intoreciprocal and mutually advantageous arrangements directed to thesubstantial reduction of tariffs and other barriers to trade and to theelimination of discriminatory treatment in international commerce.

Article XXI - Security Exceptions

Nothing in this Agreement shall be construed:

(c) To prevent any contracting party from taking any action inpursuance of its obligations under the United Nations Charter forthe maintenance of international peace and security.
Article 1 of theUnited Nations Charterstates, in part:
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.
The relevant sections of the Foreign Corporations Interference and Other Measures Act 2020(Cth) are:
Section 1 Objects of the Act

The purpose of this Act is to provide for the protection of Australia’s security interests from any foreign interference that may arise through agreements on tradebetweenState and local governments, and any foreign government or foreign corporation.

Section 2 Establishment of State Foreign Interference Trade Boards

Each State shall establish a StateForeign Interference Trade Boardthat must:

(a) Collect all relevant data and statistics onState and local governmentcontracts with foreign governments and foreign corporations; and
(b) Meet bi-monthly at Parliament House in Canberra; and, 
(c) Produce a report for the Federal Minister for Health every two months containing, among other things, a detailed outline of all data and statisticsrelating to State government and local council expenditure.

Section 3 Composition of State Foreign Interference TradeBoards

Each State Foreign Interference TradeBoard shall be comprised of the following persons:

(a) The Minister for Trade of each State; and,
(b) The Police Commissioner of each State; and,
(c) The Heads of all State Government departments.

Section 4 Grants to the States

(a) The Commonwealth Government shall grant money to the States to cover the cost of collecting data and statistics relevant to therunning of the State Foreign Interference Trade Boards.
(b) The grants are conditional upon: 
i. Each State government instituting reforms that provide for an increase in staff in State trade and commerce departments as determined by any Federal Ministerial directive; and,
ii. Each State government ceding their legislative power on matters regarding State local councils to the Commonwealth not later than 31 December 2021.

Section 5 Status of StateLocal Councils

a) All State local councilsare to be considered to be constitutional corporations for the purposes of this Act.
b) The Federal Minister for Foreign Affairs may determine, as he or she thinks fit, the staffing levels and wages and conditions in all State local councils. 

State Premiers are dismayed at Federal Government efforts to restrict State and local government trade with foreign governments and corporations. All State Attorneys General file a motion with the High Court challenging the constitutional validity of the Foreign Corporations Interference and Other Measures Act 2020 (Cth)

You are the Victorian Government Solicitor. The Attorney General of Victoria approaches youand asks you to prepare a summary of the legal issues that will form the basis of the grounds for a constitutional challenge to the validity of the Act.
Notes on the preparation of the assignment

It is up to you, within reason, how you present the summary of argument: clarity of argument is the key. You are not being marked on your ability to follow a template. You are being marked on your ability to identify constitutional issues arising out of the facts as they apply to the legislation in question and the arguments, with reference to case law, that you develop as part of the challenge to the legislation.

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