 constitutional powers of State and Commonwealth parliaments, including exclusive, concurrent and residual powers, Sections 51, 52, 90, 107 and 109

Question 1

how does constitution achieve division of powers

Answer 1

The Constitution achieves the division of powers by allocating a list of specific powers to each
level of government and reserving the rest to the states. Achieving a division of powers requires
a written constitution because:
1. exclusive and concurrent legislative and financial powers must be specified for each
level;
2. a system to balance revenue and expenditure at each level must be established; and
3. a system for resolving disputes between governments within a federation is needed.

Question 2

legislative powers

Answer 2

Valid legislation must be support by a head of power. (Specifically codified and enumerated legislative and financial powers allocated to either the Commonwealth Parliament - exclusively or the Commonwealth Parliament and the state parliaments concurrently ny the Constitution. The way the constitution defines it- and therefore limits the powers of government.) This refers to the text within the Constitution that authorizes the States/ commonwealth to make laws in relation to a subject or for a particular purpose.

Question 3

exclusive powers

Answer 3

powers granted by the Constitution ton the Commonwealth parliament alone. They may be legislative or financial powers. Section 52- seat of government on commonwealth land and other matters declared within exclusive power of the Commonwealth. Section 90- exclusive power of excise, customs and bounties.

Question 4

exclusive powers in reference to section 52

Answer 4

a legislative power over the CW public service and the site of the CW seat of
government- the ATC

Question 5

exclusive powers in reference to section 90

Answer 5

a financial power in which the CW alone make laws to raise revenues by
charging customs duties and excise

Question 6

concurrent powers

Answer 6

Powers granted by the Constitution to the Commonwealth and state parliaments. They are shared powers. Section 109 invalidates state powers that conflict with Commonwealth laws, to the extent of inconsistency. Section 51- vi defence , ix quarantine, xix naturalization of aliens, xxi- marriage

Question 7

concurrent powers in reference to section 51 (ii)

Answer 7

a financial power that enables both levels of government to make laws to raise revenues from taxation, except S90 customs duties and excise revenues

Question 8

concurrent powers in reference to section 51 (xx)

Answer 8

legislative power that enables both levels of government to make laws governing corporations

Question 9

residual powers

Answer 9

All government powers not specified and enumerated in the constitution. They are exercised by the States. Section 107- powers of the state parliaments at federation preserved (goes with section 106-108)