3.2.1 Division of Power Flashcards
Division of power:
The Constitution established a federal system of government under which powers are distributed between the States and the Commonwealth.
Specific Power:
Commonwealth Parliament’s law-making powers are limited to the matters enumerated in the Constitution. Specific powers can be both exclusive or concurrent.
Specific Power 2:
Most of the specific powers are listed in sections 51 and 52.
E.G of Specific Powers:
Foreign trade, defence
Exclusive power:
Law-making power that can only be exercised by the Commonwealth. Exclusive powers are listed in the Constitution. States cannot make laws in these areas.
E.G of Exclusive power:
Defence, coining money and imposing custom duties on imports.
Concurrent power:
Law-making powers exercised by both State and Commonwealth parliaments. Concurrent powers are listed in the Constitution.
E.G of Concurrent:
Taxation and Marriage
Residual Powers:
Law-making power not given to the Commonwealth and held solely by the states. Residual powers are not listed in the Constitution.
E.G of Residual:
Law and Order, Health
Section 109:
When there is an inconsistency between a state law and a Commonwealth law, the Commonwealth law will prevail.
Section 109 2:
Does not invalidate the whole state law, just invalidates that Act to the extent of the inconsistency.
E.G of Section 109:
The Marriage Act 1961 (Cth) rendered the Marriage Act 1958 (Vic) largely redundant because it covered the same areas.
Section 109 3:
State Act can only be declared invalid by the High Court of Australia.
Section 109 4:
Conflict between Commonwealth and State laws can only occur in areas of Concurrent Powers.
