LEGT1710, Week 1 Lecture

Commonwealth residual powers the six colonies became

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Unformatted text preview: ution (with some exclusive powers) came in into effect on 1 January 1901 can be changed by a referendum (s 128) which requires approval by absolute majority of both Houses of Australian Parliament State parliaments had jurisdiction within their own borders on any matters not specifically reserved for the Commonwealth (residual powers) • The six colonies became the Commonwealth of Australia on 1 January 1901 57 58 Commonwealth/State powers Federal (or Commonwealth) State (e.g. NSW) Local (e.g. Randwick Council) Responsibilities include: Defence Foreign Affairs Immigration/Customs Health Tax Legislative Powers: Exclusive powers - exercisable only by the Commonwealth parliament Concurrent powers - most of Commonwealth powers are held concurrently (shared) with the states; both can legislate in these areas Residual powers - non-exclusive and non-concurrent powers Responsibilities include: Education Hospitals/health Police/law and order/criminal law Family Services Tax Responsibilities include: Road maintenance Garbage collection 59 60 Commonwealth/State powers Commonwealth vs State powers Legislative Powers: some examples Inconsistency between Commonwealth and State? Exclusive powers • • • • Peace, order, and good government of the Commonwealth Defence Foreign affairs Immigration • Commonwealth law prevails Where there is any inconsistency between laws made under the exclusive powers provisions of the Commonwealth Constitution and a State, section 109 of the Constitution provides that the State laws, to the extent of the inconsistency, shall be invalid Concurrent powers • Health • Education • Tax Residual powers • Municipal/local laws 61 62 Separation of powers • A constitutional monarchy • The Parliament The Queen of England is the head of the Australian legal system, but her role is really only ceremonial: the Queen acts on the instructions of the elected Australian government the legislature • The Executive • Separation of powers the government/public service The functions of government are allocated to different institutions • Responsible government • The Judiciary (judges/ courts) interprets the law a form of government which is responsive to public opinion and answerable to the electorate 63 64 Parliament Separation of powers • Under the doctrine of separation of powers • Australia has a Federal Parliament and State Parliaments • Role of Parliament to make and change the statute law (legislation) the legislature (P...
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