Chapter 10 – Law-Making Powers (VCE Legal Studies Units 3 & 4)

Vocabulary flashcards summarising the key terms, institutions, powers and landmark cases discussed in Chapter 10: Law-Making Powers.

Constitution

A set of rules and principles that establishes the nature, functions, powers, duties and limits of a government.

Australian Constitution

The formal written constitution of Australia, enacted as the Commonwealth of Australia Constitution Act 1900 (UK).

Referendum (Australia)

The constitutionally required voting process used to amend the Australian Constitution.

Commonwealth Parliament

Australia’s federal legislature, made up of the King (Governor-General), the Senate and the House of Representatives.

House of Representatives

The lower house of the Commonwealth Parliament, composed of 151 members representing individual electorates; known as the ‘people’s house’.

Roles of the House of Representatives

Initiate and make laws, determine government, act as a house of review, control expenditure, represent the people and scrutinise administration.

Senate

The upper house of the Commonwealth Parliament; 76 senators (12 per state, 2 per territory) elected for six-year terms; called the ‘states’ house’ or ‘house of review’.

Roles of the Senate

Review bills, ensure equal state representation, initiate legislation and scrutinise bills and government administration.

Victorian Parliament

The legislature of Victoria, consisting of the King (Governor of Victoria), the Legislative Council and the Legislative Assembly.

Legislative Assembly

The lower house of the Victorian Parliament; 88 members elected from Victorian electorates.

Roles of the Legislative Assembly

Initiate and pass bills, form government, scrutinise administration, represent the people, act as a house of review and control expenditure.

Legislative Council

The upper house of the Victorian Parliament; 40 members elected from eight regions (five per region).

Roles of the Legislative Council

Primarily reviews bills from the Assembly, may initiate and pass bills, and scrutinises government administration.

The Crown (Australia)

The British monarch’s authority in Australia, exercised by one Governor-General federally and six state governors.

Governor-General

The monarch’s representative at federal level; grants royal assent, may withhold assent and heads the Federal Executive Council.

Royal Assent

Formal signing and approval of a bill by the Crown’s representative, after which the bill becomes an Act of Parliament.

Executive Council

Body of senior ministers that advises the Governor-General or state governor and formally approves regulations.

Law-Making Powers

Areas in which parliament is authorised by the Constitution to legislate, divided into residual, exclusive and concurrent powers.

Residual Powers

Law-making powers retained by the states and not listed in the Constitution (e.g., criminal law, education, transport).

Exclusive Powers

Powers that only the Commonwealth Parliament can exercise, stated or implied in sections 51–52 (e.g., defence, currency, customs).

Concurrent Powers

Powers shared by the Commonwealth and state parliaments under section 51 (e.g., trade, taxation, marriage and divorce).

Section 109

Constitutional clause stating that when Commonwealth and state laws conflict, the Commonwealth law prevails to the extent of the inconsistency.

High Court Jurisdiction (s75)

Power of the High Court to hear disputes involving the Commonwealth, states, or residents of different states, including constitutional matters.

Brislan Case (1935)

High Court decision interpreting ‘postal, telegraphic, telephonic and other like services’ to include radio broadcasting, upholding the Wireless Telegraphy Act 1905 (Cth).

Significance of Brislan

Extended Commonwealth power into broadcasting, shifting an area from state to concurrent power and influencing later cases on communications.

External Affairs Power (s51(xxix))

Commonwealth authority to legislate on matters involving Australia’s relations with other nations, including implementing international treaties.

significance of section 109

Section 109 of the Australian Constitution resolves conflicts between state and Commonwealth legislation, providing that Commonwealth law prevails over state law when both apply to the same subject matter.