Division of Powers Flashcards
What are Residual powers
Law making powers that were left with the states after the creation of the constitution
What are Exclusive powers
Law making powers that only reside with the commonwealth parliament
What are Concurrent powers
Law making powers that allow both state and commonwealth parliament to legislate
What section of the constitution are Concurrent powers set in
Section 51 is mainly where they are outlined
What section of the constitution are Exclusive powers set in
Exclusive powers aren’t found in any single section.
Powers are either made exclusive by stating that they are, if they are exclusive by nature or if they are made exclusive by another section of the AC.
What section of the constitution are Residual powers set in
Section 106, 107 and 108
3 examples of Exclusive powers
The power to impose customs or duties, Prohibits states from coining their own money, Defence Laws
3 examples of Concurrent powers
Taxation, Marriage and Postage
3 examples of Residual powers
Education, Transport, Public Health
What is the purpose of section 109
Section 109 prescribes the validity of laws when the federal and state legislation conflict. It states the federal will prevail to the extent of the inconsistency and the inconsistency will be invalid
How does section 109 act as a restriction on state parliament
It acts as a restriction on state parliament’s law-making as any law passed in a concurrent area of law-making must be consistent with commonwealth legislation, otherwise it will be considered invalid to the extent of the inconsistency.
