Constitution Sections

Question 1

Section 109

Answer 1

If there is inconsistency between State and Commonwealth law, Commonwealth law will always prevail and make the other invalid.

Question 2

Section 51

Answer 2

Outlines the concurrent powers between the State and Commonwealth governments.

Question 3

Section 73

Answer 3

Outlines the appellate jurisdiction for the High Court.

Question 4

Section 71

Answer 4

Creates the High Court.

Question 5

Section 96

Answer 5

Tied grants, allows the commonwealth after a period of ten years to give financial assistance to the states under the terms and conditions that the commonwealth provides.

Question 6

Section 53

Answer 6

Makes the Senate equal in power to the House of Representatives except for the fact that it cannot create nor amend money bills.

Question 7

Section 75 & 76

Answer 7

Outlines the original jurisdiction of the high court which includes conflict between the states, conflict with the commonwealth and the interpretation of the constitution.

Question 8

Section 57

Answer 8

Outlines the remedy for a disagreement between the two houses of parliament through a double dissolution election.

Question 9

Section 105 A

Answer 9

Added by the 1928 state debts referendum, it allows the Commonwealth to assume and manage state debts.

Question 10

Section 128

Answer 10

Allows for referendums to be conducted in order to formally change the constitution.

Question 11

Section 51 xxix)

Answer 11

Allows the Commonwealth to legislate in terms of ‘external affairs’ which essentially allows the Commonwealth to create laws concerning anything external to Australia.

Question 12

Section 51 ii)

Answer 12

Allows the Commonwealth and States to legislate in reference to taxation, which allowed for the 1942 Income Tax act and its effects to take place.

Question 13

Section 86

Answer 13

Gives the commonwealth the right to collect custom and excise duties.

Question 14

Section 128

Answer 14

Outlines the pathway for altering the constitution through referendum.

Question 15

Section 92

Answer 15

Establishes free trade within Australia between all the states

Question 16

Section 51 xxix)

Answer 16

Allows the Commonwealth to legislate in terms of ‘external affairs’ which essentially allows the Commonwealth to create laws concerning anything external to Australia.

Question 17

Section 7

Answer 17

Creates and defines the Senate as the states house

Question 18

Section 24

Answer 18

Creates and defines the House of Representatives as the people’s house, incorporates the nexus clause, and also limits the minimum number of House members of any state to five

Question 19

Section 72

Answer 19

Ensures that the Judiciary is not influenced by the executive by restricting them from dismissing Justices or reducing their pay.

Question 20

Section 15

Answer 20

Outlines the procedure for a vacancy in the Senate, reoffered to as casual vacancy. When an elected member retires, a member from that same party replaces the vacancy. This was as a result of the 1977 Senate casual vacancy referendum.

Question 21

Section 26

Answer 21

Designates the original number of members from the House of Representatives to be awarded to each state.

Question 22

Section 34

Answer 22

Outlines the qualifications for a member of the House of Representatives, enforces the political participation of citizens.

Question 23

Section 58

Answer 23

The requirement that bills must receive royal ascent before they can be passed as law.

Question 24

Section 61

Answer 24

Vests executive power in the Queen and in the Governor General on the Queens behalf.

Question 25

Section 62

Answer 25

Creates the federal executive council (ministry) and gives the Governor General the right to choose and dismiss members of the council at their own discretion.

Question 26

Section 94

Answer 26

The Commonwealth may use tied grants after five years of the existence of the Commonwealth.

Question 27

Section 64

Answer 27

Allows the Governor General to appoint and dismiss ministers of state.

Question 28

Section 116

Answer 28

Ensures that citizens are not discriminated against due to religion.

Question 29

Section 41

Answer 29

Gives citizens the right to vote.

Question 30

Section 51 (xx)

Answer 30

Gives the Commonwealth the power to legislate with respect to corporations.