Division of Powers

What are exclusive powers?

The powers that only the Commonwealth Parliament can make laws about.

What are concurrent powers?

The law-making powers that are shared by the Commonwealth and State Parliaments.

What are residual powers?

Powers that were left to the state parliament at the time of Federation, and only states can make laws in these areas.

Where are exclusive powers listed?

In the Commonwealth Constitution in S.51 and S.52

What are some examples of exclusive powers?

Immigration, defence and customs and excise.

Where are concurrent powers listed?

In the Constitution in S.51

What are some examples of concurrent powers?

Taxation, marriage, trade and commerce, lighthouses

Are residual powers listed in the Constitution?

No.

What are some examples of residual powers?

Criminal law, education and road laws.