Specific Legislation
What are specific legislative powers?
Law-making powers given to the Federal Parliament.
What are exclusive powers?
Laws that only the Federal Government is allowed to make.
What are concurrent powers?
Areas where both the Federal Parliament and State Parliaments can make laws.
What are residual powers?
Law-making powers that belong to the states and are not listed in the Australian Constitution.
Where are specific legislative powers listed in the Australian Constitution?
Listed in Sections 51 and 52 of the Australian Constitution.
Which level of government is allowed to make laws under exclusive powers?
The Federal Government is the only level of government that can make these laws.
Which levels of government can make laws under concurrent powers?
Both the federal and state governments can make laws under concurrent powers.
How were the states’ law-making powers determined at Federation?
The states’ law-making powers were agreed upon at Federation, deciding what to keep and what to give to the Federal Parliament.
What phrase describes the purpose of these powers given to the Commonwealth?
They are used to make laws for the peace, order, and good government of Australia.
Why are the states not permitted to legislate in areas of exclusive power?
States are not permitted because these areas affect the whole country and require uniformity.
What happens if a state law conflicts with a federal law under concurrent powers?
If a state law conflicts with a federal law, the federal law prevails and overrides the state law.
Are state law-making powers listed in the Australian Constitution?
No, state law-making powers are not listed in the Australian Constitution.
Which level of government can use specific legislative powers?
The Federal Parliament holds and uses these powers.
What are three examples of areas covered by exclusive powers?
Money (currency), defence, and immigration.
Which section of the Australian Constitution deals with conflicts between federal and state laws?
Section 109 of the Australian Constitution deals with conflicts between federal and state laws.
Give an example of an area covered by residual powers.
Education, such as schools, is an example of a residual power.
How does immigration demonstrate the use of specific legislative power?
Immigration shows this power because the Commonwealth decides who can enter and remain in Australia.
How do exclusive powers help Australia operate as one unified nation rather than six separate states?
Exclusive powers ensure consistency across the nation, allowing Australia to function as a single, unified country rather than six separate states.
Give an example of a concurrent power and explain why it applies to both levels of government.
Taxation is an example of a concurrent power because both the federal and state governments can implement taxation laws.
Why do residual powers remain with the states rather than the Federal Government?
Residual powers remain with the states because they cover areas not specified as responsibilities of the Federal Government.