Lecture 1 BFA601 Semester 1 2018.pptx

Taxation is a shared power but the commonwealth

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Taxation is a shared power, but the Commonwealth controls the purse strings and can influence State spending The Commonwealth has introduced a number of statutes in cooperation with all states, eg the Competition and Consumer Act 2010: thereby achieving uniformity of law in Australia The High Court tends to rule in favour of the Commonwealth when interpreting the constitution THE AUSTRALIAN CONSTITUTION Increasing Commonwealth power THE AUSTRALIAN CONSTITUTION Increasing Commonwealth power
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The Constitution establishes each state as a self- governing body The Commonwealth has used its international power to expand its jurisdiction (Tasmanian Dams case) The Commonwealth collects the bulk of tax revenue (how did they do this when it is a shared power?) The Commonwealth reimburses the states but with some direction as to how it spends those funds. THE AUSTRALIAN CONSTITUTION The States under the Constitution THE AUSTRALIAN CONSTITUTION The States under the Constitution
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Some rights are specified within the constitution, eg no discrimination between states, freedom of interstate trade, freedom of religion. But Freedom of speech, assembly and many other rights are not mentioned, but assumed as conventions THE AUSTRALIAN CONSTITUTION Rights and safeguards under the Constitution THE AUSTRALIAN CONSTITUTION Rights and safeguards under the Constitution
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Under s 128 the Commonwealth constitution can only be changed by the introduction of bill into parliament, and then a referendum passed by a majority of people in a majority of states. THE AUSTRALIAN CONSTITUTION Changing the Constitution THE AUSTRALIAN CONSTITUTION Changing the Constitution
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Commonwealth and State parliaments are established. The Federal Parliament is composed of the Queen, a Senate and House of Representatives (bicameral parliament) The PM must come from H of R: the biggest party forms the government Which state has a unicameral parliament? All other state parliaments have 2 levels THE AUSTRALIAN CONSTITUTION The Legislature cont. THE AUSTRALIAN CONSTITUTION The Legislature cont.
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Two levels 1 The House of Representatives: members elected proportionately within each state 2 The Senate: 12 members from each State (irrespective of the size of the state), this is a house of review Bills must be passed both the lower house and senate, before being presented to the Crown THE AUSTRALIAN CONSTITUTION Commonwealth Parliament. THE AUSTRALIAN CONSTITUTION Commonwealth Parliament .
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Tasmania has a Lower house called the House of Assembly and an upper house called the Legislative Council Bills introduced and passed by a vote and both houses must vote in favour If a Bill is voted and past it becomes law Who is then affected by this law ?
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