A COLLABORATIVE ACTIVITY

The Australian Constitution

The Australian Constitution Act

(1900) UK

The act came into effect on the 1st January 1901 creating:

A Commonwealth parliament consisting of two houses

The High Court

Establishes the powers of the Commonwealth

Provides the outline as to how the constitution can be changed.

The inauguration of the first parliament of the Commonwealth of Australia.

Painted by Tom Roberts

Exclusive Powers

An exclusive power is a power which can only be exercised by the commonwealth parliament.

Some powers listed in S51 of the constitution are exclusive.

Exclusive powers are made exclusive by other sections of the constitution.

Section 51(vi)

Gives power to the Commonwealth Parliament to make laws relating to

Naval and Military forces.

Section 51(xii)

Gives power to Commonwealth Parliament over Currency, Coinage and Legal Tender.

Concurrent Powers

Specific law making powers are outlined in S51 and 53 of the constitution that can be exercised by both the Commonwealth and State parliaments.

Eg taxation, education, health, bankruptcy

Section 51 (I)

Section 51(xxix) is a subsection of Section 51 that gives the Commonwealth Parliament the right to legislate with respect to "external affairs".

This includes Trade and commerce with other countries, and among the States.

Section 51 (II)

Section 51 (II) of the Australian Constitution refers to taxation; but so as not to discriminate between States.

S51(ii) must be considered in combination with s90.

Section 90 gives the Commonwealth the exclusive, as opposed to concurrent with the States, power to impose 'duties of customs and of excise'. Any state taxing law on this power will be unconstitutional.

Section 90

- Imposes uniform duties of customs.

- Grants and bounties on the production or the export of goods

- States cannot levy custom or exercise

Section 106Section 106 Section 107 & 108Section 107 & 108

Outlines that the constitution of each state is to continue

S107 All powers are to remain with the states unless exclusively given to the Commonwealth.

Includes: law enforcement, public transport, education

S108 outlines that all laws in force with the states will remain.

Residual Powers: States powers

Restrictions on State Parliaments

Sections 109, 114 and 115 of the Constitution outline what is prohibited for the States to do.

Section 109 explains that if State laws clash with Commonwealth laws, the Commonwealth laws will overrule those of the States

Sections 114 prohibit the States to raise any form of army or navy

Section 115 does not allow the states to coin money

Section 109: State Restrictions

109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail…

Translation:Whenever state laws and commonwealth laws clash, Commonwealth laws are always taken over state.

Commonwealth law to prevail….

Section 114 State Restrictions

A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

States are prohibited from making laws on some matters like tax on property, or maintaining anything to do with naval or military forces without parliament’s consent. Commonwealth also cannot impose any tax on the property that belongs to the state.

S115 – States not to coin money

A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

The right for producing coins, along with all other activities concerning currency and money making is exclusive to Commonwealth Parliament, as outlined in the Constitution.

Section 92Section 92 Section 116Section 116

On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

This means that trade amongst the states is to be free

The Commonwealth cannot make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion.

In addition: no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

Federal Prohibitions

Changing the Constitution

Since federation there have been 40 referendums put forward for Australians to vote on.

Only 8 of these have successfully changed the constitution.

Why is it so difficult to change?

Section 128

To be successful:

A bill setting out the proposed alteration to the constitution is passed by both houses of the Commonwealth Parliament.

The proposed change must be put to the people not less than two months, not more then six months, after the passage through both houses or one house twice

The proposed change must be put to the people and requires a majority of voters in a majority of states to support the change before it can occur.

Websites

http://www.peo.gov.au/students/cl/constitution.html

http://australianpolitics.com/articles/constitution/full-text-of-the-australian-constitution-as-amended

http://www.ozpolitics.info/guide/fun/trivia/quiz3/

www.aph.gov.au