Was the government of Australia aware about enacting legislation beyond the power of the Parliament to do so? Was section 51(xxiiiA) of the Commonwealth Constitution bought to the attention of the senate? The answer is yes! Below is a submission to the senate informing the senate that actions to enact an Act in the terms set forward in the No Jab, No Pay legislation were beyond the power of the parliament due to the caveat enacted in 1946 through a referendum of the Australian people so as not to impose ANY FORM of civil conscription.
The High court has interpreted this to mean any form of legal or practical compulsion to which the Act compels so as to provide a tax benefit.