Australia's offshore constitutional law: Time for revision?

White, Michael and Gaskell, Nick (2011) Australia's offshore constitutional law: Time for revision?. Australian Law Journal, 85 8: 504-520.

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Name Description MIMEType Size Downloads
Author White, Michael
Gaskell, Nick
Title Australia's offshore constitutional law: Time for revision?
Journal name Australian Law Journal   Check publisher's open access policy
ISSN 0004-9611
Publication date 2011
Sub-type Article (original research)
Volume 85
Issue 8
Start page 504
End page 520
Total pages 17
Editor P. W. Young
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Collection year 2012
Language eng
Subject 180108 Constitutional Law
949999 Law, Politics and Community Services not elsewhere classified
Formatted abstract
The seas off the Australian coast are governed by a matrix of Commonwealth, State and Northern Territory laws that are in serious need of revision. These laws are jumbled, overlap geographically and by activity and are generally complex and inefficient. Following a major 1975 High Court case, decided in favour of the Commonwealth having jurisdiction offshore from the low-water mark or historic boundaries, the 1979 Offshore Constitutional Settlement was agreed with the States. This article examines the operation of the Offshore Constitutional Settlement and proposes a reconsideration of the division of jurisdiction between the Commonwealth and the States by discussing various possible models. Prior to any changes there needs to be a full and far-reaching inquiry the reports from which would lay a sound basis for offshore constitutional legislative change.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Global Change Institute Publications
Official 2012 Collection
TC Beirne School of Law Publications
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Created: Fri, 21 Oct 2011, 14:03:08 EST by Carmen Buttery on behalf of T.C. Beirne School of Law