QUESTION 1: After his Rational Party wins the 2027 election in the State of South-East Australia (SEA), with large majorities in both Houses, new Premier Barry O'Palmer introduces a Bill for "an 3 Act to guarantee and preserve the primary freedom on which South-East Australian civilisation is founded. " This Fundamental Freedom Act 2027 reads as follows: 6 1. Membership of any trade union or professional association shall forever be voluntary under the laws of this State. 2. No provision of this Act (including this Section 2) can be repealed or 9 amended except by an Act of Parliament approved, before the Bill for such Act receives Royal Assent from the Governor, both: (i) by at least seventy per cent (70%) of the members of each 12 House of the State Parliament; and also (ii) by a majority of those financial members present and voting at an Annual General Meeting or Special General 15 Page 2 of 7 Meeting of the South-East Australian Council for Civil Liberties (SEACCL). (Nothing in the Fundamental Freedom Act 2027 contravenes, or seeks to repeal, any 18 previously entrenched State laws of SEA.) The Act is passed by both Houses of the State Parliament and signed by the Governor. It takes effect on 1 January 2028. 21 The Rational Party loses the 2031 State election to the opposition Literal Party. The incoming Premier, Johan Springbroek, introduces legislation to make unionism compulsory for all State public servants. Premier Springbroek's Unionism Act 2032 is supported by 53 24 of 100 Lower House members and by 27 out of 50 in the Upper House. Springbroek refuses to send a copy of the Bill to the SEACCL for consultation. After the Bill receives the Royal Assent from the Governor, Tonya Bottsley, research director for the 27 SEACCL, seeks an injunction in the High Court declaring that the Unionism Act is invalid and void. Address each of the following issues, stating your conclusion and your reasons for it, and 30 rebutting the strongest arguments against it that you can think of. (a) Is the Unionism Act 2032 valid in the above scenario? Page 3 of 7 (b) Would your answer be any different if Section 2 of the Fundamental Freedom Act 33 2027 instead read as follows? 2. No provision of this Act (including this Section 2) can be repealed or amended by any later Act unless: 36 (a) such later Act expressly declares that it amends or repeals this Act, and, in the case of amendment, specifies the precise words to be added and/or deleted; and 39 (b) before any such later Act receives the Royal Assent: (i) the Bill for such later Act has been referred to the Executive Committee of the South-East Australian Council for Civil Liberties 42 (SEACCL), and (ii) any submission or report sent in response by the said Committee, to the Governor, within 28 days of such referral, has been 45 tabled before each House of the Parliament.