Interesting question about Christmas... (1 Viewer)

[Frigid]

to all of you who've done Fed Con or other stuff about legislative powers, what gives the government the right/power to declare December 25th and 26th public holidays?

I mean, to me, this seems beyond the powers of the Cth government:

Constitution of the Commonwealth of Australia Act, s116:
"The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance...

so if the Cth government can declare a no-shops-open day on December 25th, as part of Christmas public holidays, isn't that an act imposing a religious observance (ie. rest on a religious holiday)?

(law governs every facet of our society, even Christmas) :uhhuh:

 

[mizz_smee]

why are you complaining about a public holiday?
either u get it off or get paid shitloads of money

 

[Frigid]

why are you complaining about a public holiday?

i'm not complaining... i'm just curious

 

[Cape]

the shops should be open ... what about all the other poor people who have to work christmas??

my dad has to work christmas day for about the 10th year in a row or something cause he works with sydney ferries.

 

[Generator]

Ah, aren't public holidays a State issue?

Edit: For example, http://www.industrialrelations.nsw.gov.au/holidays/

http://www.industrialrelations.nsw....e+permitted+to+trade+on+26+december+2004.html

Legislation setting out shop trading hours on Boxing Day, 26 December 2004, was passed by the NSW Parliament on Tuesday, 7 December.

The new arrangements will mean that:

* Stores in Sydney, including the CBD, Wollongong and Newcastle, will be closed on Boxing Day
* Large stores will be able to trade in recognised tourist areas outside Sydney, Newcastle and Wollongong
* Stores in tourist areas can open on Boxing Day but must use voluntary labour

 

[santaslayer]

LoLz, I think a Generator is on the right track.

 

[MoonlightSonata]

Ah, aren't public holidays a State issue?

Edit: For example, http://www.industrialrelations.nsw.gov.au/holidays/

http://www.industrialrelations.nsw....e+permitted+to+trade+on+26+december+2004.html

The Constitution overrules any other statute.

 

[Frigid]

The Constitution overrules any other statute.

yeah MS, i was thinking of s109 too

 

[Minai]

Hold up, slightly offtopic - what kind of stores have to be closed on Boxing Day? Retail or all stores?

I know some local lebanese and chinese groceries are open on Christmas day because to them, its just like any other day

 

[Frigid]

Hold up, slightly offtopic - what kind of stores have to be closed on Boxing Day? Retail or all stores?

myer and i think all the other big stores are closed Boxing Day... so i think they're having a 36-hr trading period on the 23rd and 24th... working us to the BONEEE....

I know some local lebanese and chinese groceries are open on Christmas day because to them, its just like any other day

haha Chinese stores open 12hrs/7days a week/365 days a year man... it's crazy..

 

[santaslayer]

It only says that the commonwealth shan't impose any legislation of this nature, not the states...?

 

[Frigid]

It only says that the commonwealth shan't impose any legislation of this nature, not the states...?

s109 of the Constitution dear...

s109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

 

[Generator]

But your initial quote clearly states that the 'Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance', not that such laws may not be created at all... A simple search would have shown that the Commonwealth does not have anything to do with public holidays (a state-by-state issue, not one that is dealt with at a federal level). Besides, the state acts appear to be nothing more than a means of establishing a public holiday, not a way to impose a religious observance.

That's what I can gather from what is at hand, anyway. I shouldn't be in this forum, too.

Minai: http://www.industrialrelations.nsw.gov.au/about/services/licensing/retail.html

 

[MoonlightSonata]

Besides, the state acts appear to be nothing more than a means of establishing a public holiday, not a way to impose a religious observance.

Hehe yeah I agree

Though it was an interesting point frigid (I love stuff like this)

myer and i think all the other big stores are closed Boxing Day

The myer city store will be open boxing day

A guy in my department worked there last year and said, apart from barely being able to move because of the amount of people in the store, it was eight hours of absolute chaos

 

[Minai]

Thanks, Generator

 

[MoonlightSonata]

Hang on frigid if there is no Cth law for the state law to conflict with - it isn't invalid...

 

[MoonlightSonata]

In fact the Cth can't even make a law that conflicts with it because of s116?