.The division of power in Australia is the principle that sovereignty should be divided between the federal government and the state government, an example of this would be the case of the Commonwealth v Western Australia (1999) This case involved the implementation of the Mining Act 1978 (WA) to an area in Western Australia that under Defence Force regulations had been asserted as a defence practice area.The Commonwealth petitioned to the High Court for declarations that Mining Wardens do not have jurisdiction to consider applications for mining tenements over the land. The the Mining Act does not apply to the land within the defence practice area and so the Act does not bind the Commonwealth.The Court held that, the Mining Act does not, as a matter of construction, apply to freehold or leasehold land vested in the Commonwealth and therefore does not apply to land of this kind within the defence practice area. The separation of power
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Aboriginal and Torres Strait Islander law is based on tradition, ritual and socially acceptable conduct. This is known as customary law. In 1999 Indigenous sentencing courts were introduced, they do not apply customary law but they do enable representatives of the Indigenous community to have a say in the ruling. In some courts, traditional customs have a more dramatic impact on sentencing, particularly in the Northern Territory. In the case of R v Wunungmurra the defendant was convicted of assault against his wife. The sentencing court had an affidavit of Ms Laymba Laymba, and elder from the offenders community. She stated that the offender is a Dalkaramirri, a senior person within the clan. It is his role to enforce traditional law, this included corporal punishment on his wife. In her view, he was acting in accordance with this law. However the prosecution declared that Ms Laymba Laymba’s affidavit did not provide any explanation for the defendant’s actions, Denis Wunungmurra was sentenced to four and a half years
Aboriginal and Torres Strait Islander law is based on tradition, ritual and socially acceptable conduct. This is known as customary law. In 1999 Indigenous sentencing courts were introduced, they do not apply customary law but they do enable representatives of the Indigenous community to have a say in the ruling. In some courts, traditional customs have a more dramatic impact on sentencing, particularly in the Northern Territory. In the case of R v Wunungmurra the defendant was convicted of assault against his wife. The sentencing court had an affidavit of Ms Laymba Laymba, and elder from the offenders community. She stated that the offender is a Dalkaramirri, a senior person within the clan. It is his role to enforce traditional law, this included corporal punishment on his wife. In her view, he was acting in accordance with this law. However the prosecution declared that Ms Laymba Laymba’s affidavit did not provide any explanation for the defendant’s actions, Denis Wunungmurra was sentenced to four and a half years