The Commonwealth has decided that the process for obtaining tickets to the AFL Grand Final is unfair and, for 2018, proposes a new system which it seeks to implement through the AFL Grand Final Ticketing Act 2018 (Cth). Section 4 provides for the compulsory acquisition of all tickets to the game in return for a $20 ticket in the "Great Grand Final Raffle". Under Section 5, it is proposed to sell 1 million tickets at $20 each Australia-wide with 100,000 winners to be drawn and given tickets to the game. Under Section 6, the surplus, after paying the AFL and MCC reasonable costs of staging the game, is to be paid into Consolidated Revenue.

The AFL and footy fan (and Grand Final ticket holder) Albert Angry are most unhappy about this proposal and ask you if there are grounds for a constitutional challenge.

QUESTION TWO 10 marks

The Dareton Devils Inc., located in Dareton New South Wales and an incorporated association under New South Wales law, compete in the Riverina Football League which is entirely based in New South Wales. They decide to switch to the Sunraysia Football League which is entirely based in Victoria (until now). The New South Wales Football League, which governs football in NSW, has expelled the Dareton Devils, thus denying them the annual funding of $20,000 on which they have come to rely. The Sunraysia Football League is happy to welcome them into its competition but refuses to pay them the $30,000 it pays annually to its Victoria-based members on the grounds that they are not based in Victoria.

Dave Dry, Chairman of the Devils, consults you as to whether they may have a constitutional remedy against the NSWFL or the Sunraysia Football League which are both corporations limited by guarantee.

QUESTION THREE 10 marks

The Australian Sports Commission (ASC) is established under the Australian Sports Commission Act (Cth). Under the Act, the ASC makes grants to sporting organisations from funds appropriated under CC s83. Barry Bronze establishes the Australian National Baseball League Ltd. (ANBLL), a public company controlled by him to conduct a private baseball league in Australia. ANBLL applied to the ASC for a grant but the grant has been refused. Barry consults you as to whether he can challenge the constitutionality of the ASC. Leaving aside the issue of standing, what is your advice?

QUESTION FOUR 10 marks

Christian Wright is a North Queensland Cowboys fan who lives in Cairns. He is a committed Christian and believes that same sex marriage is contrary to his religion. He obtains a ticket to the 2017 NRL Grand Final and makes a large banner with the words "Go NOrth Queensland!" and a picture of a broken rainbow. When he tries to enter the ground, he is asked to show his banner and is then told he cannot take it into the ground because it has a political message. Other banners of similar size are allowed in. Christian grudgingly accepts the confiscation of his banner after protesting and attends the match. He now consults you about whether he may have been denied his constitutional rights by the NRL and stadium managers. He notes that one of the songs in the pre-game entertainment was in favour of same sex marriage and that there was an advertisement for the "no" case shown on the big screen before the match. What is your advice to him?

EXAM CONTINUES...

QUESTION FIVE 10 marks

The Constitution (Amendment) Act 2017 (Vic) (CAA) purports to make several amendments to the Constitution Act 1975(Vic). Section 4 of the CAA amends Part II s26(2) to read:

"The Council is to consist of 32 members who are to be representatives of, and elected by, the electors of the respective regions".

Part II s27(1) is amended to read: "The State of Victoria is to be divided into 8 regions each of which is to return 4 members to the Council."

Section 5 of the CAA amends Part III s80B(1) to read:

"When and so often as the President of the Court of Appeal or a Judge of Appeal is absent on leave or in consequence of sickness or for any other reason is temporarily unable to perform the duties of the office, the Governor in Council may, by commission, appoint a person to act as an additional Judge of Appeal for such period, not exceeding 6 months, as is specified in the commission."

The CAA was passed by both houses of the Victorian Parliament by ordinary majority.

Are these amendments valid under s18 of the Constitution Act 1975 (Vic)?