Validity of the Corporations law

H Hopes made this Freedom of Information request to Australian Securities and Investments Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Australian Securities and Investments Commission,

I make this request upon the previous failures of officeholders at ASCI in providing proof of valid Commonwealth law status regarding the Corporations law. The Constitution provides, exclusively, the Parliament of the Commonwealth an authority and manner in which Commonwealth law may be enacted on any subject.

One such requirement for an enactment to be fulfilled is provided by section 58 where a bill passed by the two Houses of Parliament must receive the Royal assent. Section 58 refers to the Queen where the second clause, preceding the Constitution, identifies the capacity of the Queen to be, exclusively, the Queen of United Kingdom by the words "in the sovereignty of the United Kingdom".

The request:

I request the instrument, or otherwise information, that provides evidence the Corporations Act 2001 is valid Commonwealth law in that it has received the Royal assent pursuant to the Constitution at section 58.

Yours faithfully,

Harry Hopes
[email address]

Benjamin Ackhurst, Australian Securities and Investments Commission

2 Attachments

Dear Mr Hopes,

 

Please find the attached decision in relation to your request under the
Freedom of Information Act 1982 (Cth).

 

Kind regards,

 

Benjamin Ackhurst
Freedom of Information Officer, Chief Legal Office

[1][email address]
Mob | +61 478 542 717
Tel | +61 3 9280 4336

Australian Securities and Investments Commission
Level 7, 120 Collins Street, Melbourne, 3000

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