The Australian constitution

Question 1

Section 1

Answer 1

Vests legislative power in the federal parliament – the Queen, senate, house of representatives – the parliament

Question 2

Section 7

Answer 2

Senate is composed of elected senators for each state, elected for six-year terms. Outlines set up of the senate

Question 3

Section 24

Answer 3

House of reps. composed of elected members. Proportional representation, respective to state population

Question 4

Section 24 - Nexus Clause

Answer 4

States that the number of members of the house of reps. must be double the senate

Question 5

Section 51

Answer 5

Legislative powers of the parliament

Question 6

Section 53

Answer 6

Money bills shall not originate in the senate.

Question 7

Section 28

Answer 7

House of reps. serve a maximum of three-year terms but can be dissolved sooner by the governor general

Question 8

Section 57

Answer 8

The governor general may dissolve the senate and house of reps simultaneously to resolve disputes regarding proposed laws (double dissolution)

Question 9

Section 58

Answer 9

The governor general decrees royal assent to bills

Question 10

Section 61

Answer 10

Executive power is vested in the Queen and is exercisable by the governor general

Question 11

Section 62

Answer 11

The federal executive council is to advise the governor general. Members shall be chosen and summoned by the governor general

Question 12

Section 63

Answer 12

The governor general is to act on the advice of the federal executive council

Question 13

Section 64

Answer 13

The governor general has the power to appoint and dismiss ministers of state

Question 14

Section 72

Answer 14

Judges of the high court shall be appointed by the governor general, removed by the governor general an address from both houses, and shall receive renumeration as the parliament may fix

Question 15

Section 68

Answer 15

Command in chief of naval and military forces is vested in the governor general

Question 16

Section 71

Answer 16

Judicial power shall be vested in a federal supreme court – the high court of Australia

Question 17

Section 72

Answer 17

Judges of the high court shall be appointed by the governor general, removed by the governor general an address from both houses, and shall receive renumeration as the parliament may fix

Question 18

Section 73

Answer 18

The high court shall have appellate jurisdiction – the appeals process

Question 19

Section 74

Answer 19

The power to appeal to the queen in council

Question 20

Section 75

Answer 20

Original jurisdiction of high court in matters arising under treaty, affecting representatives of other countries, in which the commonwealth is being sued, between states, or in which a writ of mandamus or injunction is sought against an officer of the commonwealth

Question 21

Section 76

Answer 21

Additional jurisdiction in matters arising under the constitution, any laws made by the parliament, admiralty and maritime jurisdiction, and relating to the same subjectmatter claimed under the laws of different states

Question 22

Section 80

Answer 22

Right to trial by jury

Question 23

Section 87

Answer 23

Revenue from customs and excise duties shall be used for government expenditure

Question 24

Section 51

Answer 24

Legislative powers of the parliament

Question 25

Section 51 (ii)

Answer 25

Taxation but so as not to discriminate between states – concurrent

Question 26

Section 51 (xx)

Answer 26

Foreign corporations, and trading or financial corporations formed within the limits of the commonwealth – concurrent

Question 27

Section 51 (xxix)

Answer 27

External affairs – concurrent

Question 28

Section 51 (xxxvii)

Answer 28

Allows individual states to pass residual powers to the commonwealth – referral of powers

Question 29

Section 52

Answer 29

Parliament shall have exclusive powers to make laws – seat of government of the commonwealth, matters relating to any department of public service controlled by the executive government, other matters in constitution

Question 30

Section 90

Answer 30

Exclusive power over customs, excise, and bounties

Question 31

Section 107 – residual

Answer 31

Saving of power of state parliaments - residual

Question 32

Section 108 – residual

Answer 32

Saving of state laws - residual

Question 33

Section 109

Answer 33

The commonwealth will prevail over contradicting laws of the states – residual

Question 34

Section 87

Answer 34

Revenue from customs and excise duties to be used on government expenditure

Question 35

Section 90 – exclusive

Answer 35

Power over customs, excise and bounties - exclusive

Question 36

Section 92

Answer 36

Trade within the commonwealth to be free

Question 37

Section 96 - exclusive

Answer 37

The parliament may grant financial assistance to the states under terms and conditions deemed fitting by the parliament – exclusive

Question 38

Section 51 (xxxvii) – referral of powers

Answer 38

Matters referred to the commonwealth parliament by parliaments of state

Question 39

Section 51 (xxix) – external affairs powers

Answer 39

External affairs

Question 40

Section 51 (xx) – corporation powers

Answer 40

Foreign corporations, and trading or financial corporations within the limits of the commonwealth

Question 41

Section 128

Answer 41

Alterations to the constitution can only be made through referendums, or an absolute majority in the houses