1.2: Law-making powers of the state & Commonwealth parliaments

Division of powers

The allocation of law making powers between the Commonwealth (federal) Parliament and the state parliaments, as outlined by the Australian Constitution

Residual powers

Residual powers are states law making powers, these powers are not contained within the wording of the Constitution. However, the constitution still protects the states law making powers through sections like s.108 – Every power in force in the states shall remain in force.

Exclusive Powers

These powers are specific law making powers that can only be exercised and acted upon by the Commonwealth parliament. The Constitution makes it clear these areas cannot be shared with the states and are exclusive to the Commonwealth parliament.

Concurrent powers

powers that are shared between the Commonwealth and state parliaments.This means that the parliaments exercise their law making powers over these areas at the same time. If it's in the constitution, but it hasn't been stated anywhere in the constitution that the powers are exclusively the c'th parliaments, then the state can also make laws in that area— making it a concurrent power.

Examples of Residual powers

• Education

• Public transport

• Enviroment

Examples of Exclusive powers

• Military forces

• Currency and coinage

• Customs and border protection