Part IV - Other Matters
4.1 Unjust acquisition in breach of the Commonwealth Constitution
The prohibitions in relation to conflicted remuneration, volume-based shelf-space fees, and asset-based fees on borrowed amounts, the corresponding grandfathering provisions, and the anti-avoidance regime, each do not apply to extent that they would constitute the acquisition of property in breach of the Article 51(xxxi) Commonwealth Constitution.
Article 51(xxxi) provides that the Commonwealth can make laws with respect to the acquisition of property on just terms from any state or person for any purpose in respect of which the Commonwealth has power to make laws.
The legal and academic question, thus, is whether the imposition of any or all of the...
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