The Committee reiterates its recommendation that the Commonwealth Government should undertake appropriate measures to ensure the consistent application of the provisions of the Convention, in accordance with article 27 of the Vienna Convention on the Law of Treaties, at all levels of government, including states and territories, and if necessary by calling on its power to
override territory laws and using its external affairs power with regard to state laws.
... the Commonwealth Government undertake appropriate measures to ensure the consistent application of the provisions of the Convention, in accordance with Article 27 of the Vienna Convention on the Law of Treaties, at all levels of government, including states and territories, and if necessary by calling on its power to
override territory laws and using its external affairs power with regard to state laws.
As mentioned above, s122 of the Constitution provides the Commonwealth with the power to
override territory laws at any time.
Not exact matches
The passage of
overriding legislation by the Commonwealth would send a clear message to the states and
territories that they do not have unlimited power to introduce
laws that further discriminate against Indigenous Australians, and would re-emphasise the importance of the recommendations of the Deaths in Custody Royal Commission that aim to reduce over-representation of Indigenous people in criminal justice processes.
Mandatory sentencing reveals that while the Commonwealth has the constitutional power to
override state and
territory laws, it is reluctant to use this power.