Chapter 9 Australian federalism Flashcards
Federalism is divided _________
sovereignty
Federalist model which describes a situation where each government level retains autonomy and there is little cooperation between the levels of government
coordinate federalism
A situation where the central government is very powerful and regional governments lack autonomoy
coercive federalism
This Chapter of the Constitution preserves the States, their governments and court systems
Chapter 5
These powers belong only to the Commonwealth
exclusive powers
This is a ministerial council of the heads of government in Australia and the key coordinating institution
COAG
Examples of programmes jointly administered by COAG include
infrastructure, water (Murray Darling), NDIS, Closing the Gap
High Court case which defended State power in 1906
Railway Servants
This High Court doctrine was created to protect the States with s51 powers
reserved powers
The High Court case and year was the definitive turning point in changing the federal balance of power
Engineers case, 1920
This s51 power, set out in clause xxix, has been very influential in increasing Commonwealth power since 1971 and reinforced in the Koowarta Case
external affairs
This case increased Commonwealth power in 1997,when fees levied by State governments for tobacco and other business franchises were deemed to be ‘excise’ fees
Ha v Hammond
The Cole v Whitfield case of 1998 concerned s92, which deals with freedom of
interstate trade
The World Heritage Properties Conservation Act was instrumental in this High Court case of 1983
Tasmanian Dams
The High Court case of 1971 which started the use of the corporations power in favour of the Commonwealth
Concrete Pipes
The Commonwealth government won this High Court case in 2006 on the basis of using the corporations power in order to regulate industrial relations
WorkChoices
These are forums by which Commonwealth and State ministers meet to coordinate and cooperate on joint activities
Ministerial councils
Untied grants used in s96 are referred to as ______ ______ _______
General Purpose Payments
This section of the Constitution is referred to as the Braddon Blot
s87
This Scheme, started in 2014, was a recent example of the use of s96 to induce reform by the States
Asset Recycling
The three key sections of the Constitution which bestow financial power to the Commonwealth are:
s51 (ii) taxation; s 90 customs, bounties and excise; s96 tied grants
Commonwealth exercise of this power has been effectively exclusive since 1942
income tax (Uniform Tax case)
This section of the Constitution was designed to guarantee State revenues
s87
his section of the Constitution is effectively redundant since the Commonwealth distributed its surplus revenues into trust funds soon after federation
s94
The primary purpose of the Grants Commission is horizontal _______ ____________
fiscal equalisation
This statutory authority was created in 1973 to distribute revenue collected through s96
Commonwealth Grants Commission
The tax introduced in 2000 to provide greater State autonomy regarding revenue and to reduce VFI
GST
Ways in which Constitutional change can be effected which impacts balance of power
High Court interpretation; referral of powers by States; unchallenged legislation passed by Commonwealth.
Term used to describe disproportionate taxing and spending powers of the Commonwealth and States
VFI
