Author Topic: It doesnt really affect you guys but...  (Read 554 times)

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Offline MartyJ

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Re: It doesnt really affect you guys but...
« Reply #15 on: August 10, 2011, 08:58:32 PM »
Most States have enacted the Public Safety Preservation Act (or a derivation of) which allows for the relevant State Government to declare a state of emergency, pass temporary regulations, make temporary appointments of office and can in certain circumstances temporarily suspend specific inalienable rights granted to the citizenry through legal precedent. To act as a safeguard against an abuse of Govt power, these regulations for the upholding of public safety and order, have what is known as a "sunset clause" attached to them, which in effect makes them invalid after a certain specified date.

Since we are focusing on Victoria, here is the PSPA for Vic
http://www.austlii.edu.au/au/legis/vic/consol_act/pspa1958298/

However, the State Govt would need to request Federal Govt cooperation and assistance in terms of regulating a military force to control a population or the granting of a temporary power to effect the arrest of person(s) by a nation's military force. Once that request is made the Federal Govt is obliged under s119 of the Constitution to "protect every State against domestic violence, on the application of the Executive Government of the State."

Federal power to regulate the military internally to maintain the laws of the Commonwealth is found under s51 of the Constitution.

As an aside, the Federal Constitution specifically prohibits the raising of any military force by a State under s114.



Very interesting read....Learn something every day..   :D

Section 10 (1) of the PSPA Act is a very good read....