Chapter 10 - law making powers

Question 1

The role of the Commonwealth Houses in law making

Answer 1

Senate:
- Act as a house of review
- Equal representation of the state

House of Representatives:
- Initiate bills
- Determine the Government

Question 2

The role of the Victorian Houses in law making

Answer 2

Legislative Council:
- House of review
- Initiate and pass bills

Legislative Council:
- Initiate and pass bills
- Represent the people

Question 3

The role of the Crown in law making

Answer 3

Governor General provides royal assent to bills on behalf of the crown

Question 4

Exclusive, concurrent and residual powers

Answer 4

Residual:
- state powers that are not guide lined elsewhere

Concurrent:
- Dually held by both states and Commonwealth, with Commonwealth taking precedent due to section 109

Exclusive:
- Given up by the states to the Commonwealth entirely after federation, which may take the form of military funding and border control

Question 5

What is the significance of section 109

Answer 5

Firstly, section 109 of the constitution resolves inconsistencies between the Commonwealth Parliament and the states, with the Commonwealth taking precedent. This is partly due to the Tasmanian Dam case of 1983, in which the Tasmanian state government attempted to overrule the Commonwealth government’s decision to prevent the government’s damming for power plants. Due to this, section 109 was created, which allows for the Commonwealth to overrule state laws provided by the states when necessary, as directed by the High Court of Australia. Since then, there has been a great impact on the states’ ability to make laws for its citizens, as section 109 upholds the Commonwealth jurisdiction, and the Commonwealth Parliament now plays a much bigger role in environmental protection after the case.