11 parliament and the constitution

Question 1

residual powers

Answer 1

powers that were not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain solely with the states

• medical procedures (incl. IVF)
• road laws
• education
• public transport

Question 2

exclusive powers

Answer 2

powers in the Australian Constitution that only the Commonwealth Parliament can exercise

• defence (the Australian Defence Force including the army, navy and air force)
• currency (printing and coining money)
• customs and border protection (immigration, controls on imports and exports, and border
  security)

Question 3

concurrent powers

Answer 3

powers in the Australian Constitution that may be
exercised by both the Commonwealth and the states

• trade
• taxation
• marriage and divorce
• postal, telegraphic, telephonic and similar services

Question 4

comparison of law-making powers

Answer 4

Held by

• (r) State p
• (e) Cth p
• (c) Both

Expressed in the Constitution?

• (r) No
• (e) Yes
• (c) Yes

Protected by the Constitution?

• (r) Yes – Sections 106, 107, 108
• (e) Yes – Sections 51, 52 and other sections
• (c) Yes – Section 51

Does the Constitution allow them to be referred to another parliament?

• (r) Yes
• (e) No
• (c) No

Can affect states?

• (r) Yes
• (e) Yes
• (c) Yes