THE CONSTITUTION - DIVISION OF POWERS

THE CONSTITUTION

The Constitution was drafted in 1900 when all the Australian states banded together and decided to become one unified country.

DIVISION OF POWERS

The split of powers into Federal and State.

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* Exclusive powers: of the Commonwealth government.
* Residual Powers: of the State governments.
* Concurrent Powers: held by both.

SECTION 51 and 52

Set out all the powers that only the Federal government can make laws about, generally relating to areas of law that need to be the same nationally. For example, the defence force. We have one big nationally army that is run by the Federal government.

STATE POWER (RESIDUAL POWER)

Anything that is not explicitly listed under the Constitution as being a federal power, is a state power. These are called RESIDUAL POWERS. Examples include education, transport, police, and local government.

CONCURRENT POWERS

Powers that can be exercised by both State and Federal governments.

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The High Court decides whether or not these two laws can coexist, or whether there is an overlap. In the situation there is an overlap, the High Court will interpret it, say there is an inconsistency, and will invalidate the state legislation. Therefore, federal legislation always prevails over state legislation.

SECTION 109

Federal legislation always prevails over state legislation.