Unit 2 Australia's legal framework and business organizations Flashcards
The former 6 independent and self governing colonies?
NSW, Victoria, Queensland, SA, WA, Tasmania
Which parliament passed the Commonwealth of Australia Constitution Act 1900?
The parliament of the United Kingdom
The form of government created in the Constitution?
A federation is comprised of a central government (Commonwealth) with certain powers and the 6 states (former colonies) with colonies powers
The two self-governing territories and the degree of law-making?
The Northern Territory (NT), the Australian Capital Territory (ACT), they do not have the degree of law-making autonomy enjoyed by the 6 states
The Australian Consitution necessarily embodies the notion of what?
Division of powers
The concept of division of power relates to what?
Legislative (law-making) responsibility relating to topic areas allocated to one government of the other, and in some cases, to both governments
Division of power(s) are mainly set out in section?
Section 51 of the constitution
Which topics the Constitution does not have expressly list?
Consumers, anti-competition or restrictive trade practices and so generally, the Commonwealth Parliament will not make laws
What are concurrent powers?
Two governments could make a law on the same topic
Section 109 of the constitution states?
If there is any inconsistency between a state law and a commonwealth law, the CW law is to prevail
The aim of separation of powers?
The idea that those who make the law should not interpret and/or administer law nor should they be the ones enforcing the law
Three elements of Australia’s legal system
Parliament, executive, judiciary
The role of parliament
Law makers, amenders
Represented by the governor-general of the Queen
The role of executive
Administrators, executives
Represented by the governor-general, prime minister and ministers
The role of judiciary
Judges
Made up of the High court and other federal courts
