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Flashcards in 3.2.1 Division of Power Deck (16)
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1

Division of power:

The Constitution established a federal system of government under which powers are distributed between the States and the Commonwealth.

2

Specific Power:

Commonwealth Parliament's law-making powers are limited to the matters enumerated in the Constitution. Specific powers can be both exclusive or concurrent.

3

Specific Power 2:

Most of the specific powers are listed in sections 51 and 52.

4

E.G of Specific Powers:

Foreign trade, defence

5

Exclusive power:

Law-making power that can only be exercised by the Commonwealth. Exclusive powers are listed in the Constitution. States cannot make laws in these areas.

6

E.G of Exclusive power:

Defence, coining money and imposing custom duties on imports.

7

Concurrent power:

Law-making powers exercised by both State and Commonwealth parliaments. Concurrent powers are listed in the Constitution.

8

E.G of Concurrent:

Taxation and Marriage

9

Residual Powers:

Law-making power not given to the Commonwealth and held solely by the states. Residual powers are not listed in the Constitution.

10

E.G of Residual:

Law and Order, Health

11

Section 109:

When there is an inconsistency between a state law and a Commonwealth law, the Commonwealth law will prevail.

12

Section 109 2:

Does not invalidate the whole state law, just invalidates that Act to the extent of the inconsistency.

13

E.G of Section 109:

The Marriage Act 1961 (Cth) rendered the Marriage Act 1958 (Vic) largely redundant because it covered the same areas.

14

Section 109 3:

State Act can only be declared invalid by the High Court of Australia.

15

Section 109 4:

Conflict between Commonwealth and State laws can only occur in areas of Concurrent Powers.

16

Section 109 5:

S.109 has no effect on Residual Powers

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