The Federal Government introduces the Celebration of Australia as a Sporting Nation Council Act 2022 into the Commonwealth Parliament. The purpose of the legislation is to establish the Australian Sporting Nation Council. Section 4 of the Act formally establishes the Council. Section 5 sets out the functions of the Council. The main functions of the Council are: (1) to make assessments of sports as to whether they are national sports (these concepts are defined, from time-to-time, by a committee chaired by the Prime Minister and comprising appointed historians, business leaders, sporting personalities and cultural identities and set down in Schedule 1 of the Act); (2) to advise the Prime Minister and the Minister for Sports on the conservation and protection of sports included, or being considered for inclusion, in the National Sporting Nation List (3) to nominate sports for inclusion in the National Sporting Nation List (4) to advise the Minister for Sports on a wide range of matters relating to research, education, policy issues, funding, monitoring and the Commonwealth's responsibilities for facilitating Australian sport; (5) to advise the Minister for Communication on the sports to be included in the special events list under s 115(1) of the Broadcasting Services Act; (6) to provide government approved information about Australian sport; and (7) to nominate sporting organisations to receive grants of up to $250 000 to promote their sports nationally. Schedule 1 of the Act states a sport may have a national status because of: (a) the sport's importance in the course, or pattern, of Australia's natural or cultural history, including colonial and State history; or (b) the sport's importance in demonstrating the characteristics of mateship and a fair go; or (c) the sport's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group; or (d) the sport's importance in demonstrating a high degree of creative or technical achievement at a particular period; or (e) the sport's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons; or (f) the sport's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history. Section 6 sets out additional powers of the Council (1) The Australian Sporting Nation Council shall establish a corporate body for the purpose of engaging in trade associated with promoting sports listed in the National Sporting Nation List, including but not limited to: (a) entering into contracts, agreements or arrangements for the promotion of sporting clubs and competitions; and (b) manufacturing and distributing (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with the Council.

(2) No trading corporation, other than one established by the Australian Sporting Nation Council pursuant to subsection (1), shall be permitted to carry on a business promoting any of the sports listed in the National Sporting Nation List. Section 115(1) of the Broadcasting Services Act (referred to in section s 5(6) of the Celebration of Australia as a Sporting Nation Council Act 2022) states that the Communications Minister may, by notice published in the Gazette, specify an event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the general public. The Minister has published such a notice which is known as the anti-siphoning list. You can find it at this link. Material Facts One month after passage of the Celebration of Australia as a Sporting Nation Council Act, the Minister issues the Broadcasting Services (Events) Notice (No. 1) 2022. The notice provides that: The Commonwealth Minister for Sport has been advised by the Australian Sporting Nation Council under s 5(3) that all sports listed on the Anti-Siphoning List should be included on the National Sporting Nation List and that under s 5(7) the Queensland Greyhound Racing industry should be given a $250 000 grant to promote Greyhound racing Australia wide. The Commonwealth Minister for Sport indicates that she will follow the advice of the ASNC. The Australian Sporting Nation Council has established and registered a corporation with the business name, Australian National Sports Pty Ltd, through which it plans to sell merchandise such as hats and t-shirts bearing the words 'Australian Sporting Nation' and the Council's logo. The Victorian government is worried that Australian Rules Football (AFL) and the Melbourne Cup will lose their Victorian flavour if listed on the National Sporting Nation List. The Attorney-General for Victoria seeks leave to challenge the Constitutionality of the law. The Attorney-General is joined by the NSW government, which is concerned by the decision to award funding to the Queensland Greyhound Racing industry to promote what it views as a cruel and irredeemable industry. Channel 7, a sponsor of the Olympics, has been selling t-shirts describing Australia as the Olympic Sporting Nation and objects to the proposed sale of caps and t-shirts by Australian National Sports Pty Ltd on the grounds that there is no constitutional power to support the legislation. You are a graduate solicitor with the Commonwealth's Office of General Counsel and are asked to write advice for the Office of Prime Minister and Cabinet on the constitutional validity of the Commonwealth legislation. Identify each of the powers the Commonwealth might invoke to support the Commonwealth law and the decisions that would support the conclusion that it is valid.