Referral of Law-Making PowerUnit Three- Outcome Two- 2013

Hope you all had a great holiday… I will see you Friday.

Please go through this PowerPoint as a class to complete chapter three.

If you have spare time, go through the answers to the four case studies together… see you Friday!!

Referral of Law-Making Powers

0The States can refer and of their law residual powers to the Commonwealth. This may occur when the states find there is an area of law that needs to be uniformed across the country.

0States are usually reluctant to do this0S51(xxxvii) gives the Commonwealth Parliament

power over any matters referred to it by the states, but that power can only operate in the states that have given up their power to the Commonwealth

The Process of Referral of Powers

1. The states agreeing to hand over an area of power to the Commonwealth

2. When a decision has been reached, the state Parliaments pass an act giving their law-making power to the Commonwealth

3. The Commonwealth passes an act accepting this power from each state that has referred its power.

Impact of referral of law-making powers

0The impact of the referral of law-making powers is that there is a change in the division of powers between state and the Commonwealth in favour of the Commonwealth.

Cases of Referral of PowerProperty and financial matters of de facto couples 0 De Facto relationships were not included under s51(xxi)

and s51(xxii), therefore matters relating to de facto couples could not be heard in the Family Court.

0 This meant that de facto couples were denied access to the Family Court, which has the expertise to hear family matters (eg. Propety division)

0 In 2004, the Victorian Parliament referred its power over property and other financial matters arising out of the breakdown of de facto relationships to the Commonwealth Parliament under the Commonwealth Powers (De Facto Relationships) Act 2004 (Vic.)

0 NSW, NT, QLD, TAS all passed identical legislation.

Cases of Referral of PowerTerrorism0 The defense power in s51(vi) of the Constitution allows

the Commonwealth to make laws on Military matters.0 International security is regarded as criminal law and

is the responsibility of the states.0 With the threat of terrorism, the Commonwealth

needed power to act for the whole of Australia (Particularly after the September 11 attacks in 2001).

0 In 2003, all states referred a limited power to allow the enactment of the Criminal Code Amendment (Terrorism) Act 2003. This act now allows the Commonwealth to make laws regarding terrorist acts inside Australia. The Victorian act referring these powers was the Terrorism (Commonwealth Powers) Act 2003.

Other Cases

0Other cases of referral of law-making powers can be found on pages 148-150 of your text book.

Strengths and Weaknesses

STRENGTHS0 The Commonwealth is able

to make laws for the benefit of the whole country

0 It is difficult to get the states to pass uniform laws on a particular issues. There are likely to be small differences. If power has been referred to the Commonwealth, then it can pass one law that affects the whole country.

WEAKNESSES0The states can agree to

pass uniform laws without losing their law-making power

0Reduces the law-making power of the states

Question Time

0Complete Learning Activity 3.10 on Page 154. 0The first SAC for U3O2 will be WEDNESDAY 24th of

APRIL!0 It will be on Chapter Three!! 0Look at the exam questions at the end of chapter

three. Have a shot at breaking down the questions and determine what the questions are asking you. Rewrite the questions in ‘layman's’ terms.