Constitution sections Flashcards
Section 1
The Parliament is made up of the King, Senate and House of Reps
Section 5
Governor General can dissolve the House of Reps
Section 7
Senate is composed of senators from each state elected by the people, no original state can have less than six senators, senators have terms of 6 years
Section 24
House of reps contains members elected by the people, nexus clause- House of reps shall have twice as many members as the senate, at least five members shall be chosen for each original state
Section 28
A member in the house of reps must have at most a term of 3 years
Section 32
Governor general can cause writs (formal document with the election date) to be issued
Section 41
Right to vote
Section 51
Areas that parliament can make laws surrounding, right to property
Section 52
Parliament has exclusive powers to make laws surrounding seat of government and public service
Section 53
Money bills shall not originate in the senate, senate may not amend laws imposing taxation
Section 57
Governor general can call a double dissolution if the house can’t agree to a bill even after 3 months
Section 58
Governor general gives bills royal assent on behalf of the monarch
Section 61
Governor General exercises the monarchs executive power
Section 62
Governor general appoints members of council on advice from the cabinet
Section 64
Governor general appoints officers to administer departments- constitutionally enshrined overlap
Section 67
Governor general appoints and can remove all officers in the executive
Section 68
Command in chief of naval and military is vested in the governor general
Section 71
Judicial power is vested in the high court and other federal courts
Section 72
Governor general appoints justices but cannot be removed unless there is proved misbehaviour or incapacity or they reach the age of 70, Justices pay cannot be diminished whilst they are in the job
Section 73
Appeals can be heard by the court with original jurisdiction or another higher up federal court
Section 75
High court has original jurisdiction
Writ of mandamus- compels something to be done
Section 80
Right to trial by jury
Section 87
First 10 years after the constitution was established the commonwealth had to pay 75% of revenue to the States
Section 90
Parliament has exclusive powers over customs, excise and bounties
Section 92
Free trade within the commonwealth (States used to be able to charge their own import tax)
Section 96
Tied grants- parliament can grant money to States with particular terms and conditions
Section 109
Commonwealth law prevails
Section 114
States can’t make or maintain any naval or military force
Section 115
States can’t coin (print) money
Section 116
Right to religion
Section 117
State discrimination
Section 128
For changes to the constitution, a referendum must be passed with a double majority
Section 94
Parliament may provide surplus revenue to the states
