Question
The Australian government is concerned about the effects of climate protests on the economy - recently, protesters have blockaded several large factories in Sydney and
The Australian government is concerned about the effects of climate protests on the economy - recently, protesters have blockaded several large factories in Sydney and Melbourne causing significant disruptions down the supply chain and hurting Australia's productivity. The Prime Minister is determined not to let these protesters further disrupt Australia's manufacturing industries. As a response, the government quickly passes the Protect Australia's Manufacturing Industry Act Cth(2023), details of which are provided below.
Protecting Australia's Manufacturing Industry Act Cth (2023)
Section 3 - Objects
This Act protects Australia's vital economic interests in manufacturing
Section 4 - Obstruction of manufacturing
- It is an offence to engage in an action or activity that obstructs or otherwise impedes manufacturing work in Australia.
- For the purposes of this section, the following include (but do not limit) the types of activity covered by section 4(1):
- Entry to a manufacturing site by an person who does not work at that site;
- Blockading or otherwise preventing access to a manufacturing site, whether on public or private roads;
- Public discussion of Australian manufacturing processes, including their environmental impacts, whether discussion takes place in-person or other means of communication such as social media, radio, television, print media or online publication
- Public or private communication inciting or encouraging an individual to engage in activities mentioned in the above sub-sections
Section 5 - Disqualification from voting
A person who commits an offence under section 4 of this Act is disqualified from voting in any federal election or referendum to change the Australian Constitution.
The Prime Minister also resolves to hold a referendum to enshrine a right to productive work into the Constitution. The stated aim of the new addition would be to establish a constitutional right enabling Australian citizens to productively work free from disruption.
The Prime Minister makes the following comments in relation to making a constitutional change: "This will be an easy win for us. Sure, those hippies in Queensland, WA, SA, and Tasmania may object to the change, but I know the people of New South Wales and Victoria are sick of these protesters interfering with their work. Those two states alone are big enough to carry this one across the line."
Question 1: Are the provisions of the Protect Australia's Manufacturing Industry Act likely to be constitutionally valid.?
Your answer should make particular reference to any implied rights within the Australian Constitution. Your answer does not need to consider the potential impact of including a right to work in the Constitution - for the purposes of this question, assume the referendum has not occurred and/or did not pass. Can you structure a answer in Irac from
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