DP2 State and Commonwealth law-making powers

Question 1

What are law-making powers?

Answer 1

Powers given to parliament to make, amend or repeal laws in certain areas

Question 2

What is the division of powers?

Answer 2

The way the Constitution has allocated law-making powers between Commonwealth and state parliaments. Powers have been divided into residual, concurrent and exclusive powers.

Question 3

What is a residual power with an example?

Answer 3

Law-making powers retained by state parliaments, such as education laws. Residual powers are not explicitly stated in the Constitution, but is protected by specific sections (106-108)

Question 4

What are exclusive powers with an example?

Answer 4

Exclusive powers refer to law-making powers that can only be exercised by Commonwealth parliament. For example, Commonwealth parliament is granted the ability to raise the ADF and print and coin money.

Question 5

What are concurrent powers with an example?

Answer 5

Law-making powers that both Commonwealth and state parliaments can make laws in relation to, such as trade, marriage and divorce, and etc. However, because both Commonwealth and state parliaments can make laws in the same areas, it may lead to inconsistencies.

Commonwealth law-making powers are presumed to be concurrent unless explicitly stated otherwise (s 51), or if they are exclusive by nature (this must be decided by the High Court).