The Australian Constitution

Question 1

When did the Australian Constitution come into force?

Answer 1

1 January 1901.

Question 2

What are the eight chapters of the Australian Constitution?

Answer 2

1. The Parliment
2. The Executive Government
3. The Judicature
4. Finance and Trade
5. The States
6. New States
7. Miscellaneous
8. Alteration to the Constitution

Question 3

What are the constitutional conventions?

Answer 3

The constitutional conventions are unwritten rules based on decades of tradition that dictate how the Constitution should be interpreted and how it should operate in practice.

Question 4

What are the exclusive powers and who can use them?

Answer 4

The exclusive powers are are those powers able to be exercised only by the Federal Government. They are:

1. The oversight of the Commonwealth public service
2. The imposition of customs and excise duties
3. The raising and maintaining of a naval or military force.
4. The coining of money
5. The government of the territories

Question 5

What are concurrent powers and who can use them?

Answer 5

The concurrent powers are those powers able to be exercised by both the Federal Parliment and the State Parliaments.
The most significant of these power are:
1. Interstate and international trade and commerce
2. Taxation
3. Naval and Military defense
4. Currency
5. Corporations
6. Marraige
7. External affairs, that is the relationship between Australia and other countries.

Question 6

What is residual power and who can use it?

Answer 6

Anything expressly identified as an exclusive power or a concurrent power in the Australian Constitution is a residual power and falls to the states.

1. Education
2. health
3. Criminal Law
4. Contracts and torts
5. Transport
6. Property, land
7. Local government

Question 7

What are the requirements for an amendment to be successful?

Answer 7

1. Be passed by an absolute majority of both houses of parliament
2. Be put to the Australian voters in the form of a referendum and passed by the majority of voters
3. Receive royal assent.

Question 8

What is executive power?

Answer 8

Executive power is the power to administer the law, carry on the business of government and maintain social order and security.

Question 9

Who wields executive power?

Answer 9

The minister for each department wields the executive power and they answer to the prime minister.

Question 10

What role does the crown representative (the Governor-General) play?

Answer 10

1. A ceremonial role

2. A legal role

Question 11

Who are the executive councils?

Answer 11

The executive council is the ministers (senior and junior) responsible for portfolios or government departments.

Question 12

What are the three tiers of the executive government?

Answer 12

1. The Cabinet (senior ministers)
2. Executive Council /Governor in council (Senior ministers and Junior ministers)
3. Executive Government (Executive council/Governor in council and public service)

Question 13

What is an ombudsman?

Answer 13

An ombudsman is a link between the citizen and the bureaucracy of government.

Question 14

What can a person do if they are not happy with a decision made by a government department or agency?

Answer 14

Seek assistance from:

1. The ombudsman
2. Freedom of information legislation
3. The Administrative Appeals Tribunal
4. Judicial review.

Question 15

Who can enact delegated legislation?

Answer 15

1. The govenor general / Govenor
2. The executive council
3. An individual minister
4. A local authority
5. A government department
6. a government agency