Powers in Balance - Australian Federalism

Flashcards on key vocabulary related to Australian Federalism, including constitutional powers, financial powers, and federalism types.

Federalism

A system of government where powers are divided between a national government and state/regional governments.

Division of Powers

The way specific powers are distributed in the constitution; can be exclusive, concurrent, or residual.

Exclusive Powers

Powers that only the Commonwealth government can legislate on, as specified in the Australian Constitution.

Concurrent Powers

Powers shared by both the Commonwealth and State governments under Section 51 of the Australian Constitution.

Residual Powers

Law-making powers not given to the Commonwealth, remaining solely with the states, as supported by section 107.

Coercive Federalism

A system where the central government (Commonwealth) is powerful and dictates policy to regional governments (States).

Coordinate Federalism

A system where each level of government is autonomous within its sphere, with little cooperation between them.

Cooperative Federalism

A system where there is an even balance of power between central and regional governments, marked by strong cooperation.

What does Section 51 outline?

It outlines concurrent powers in the Commonwealth Constitution, such as trade, taxation, and marriage.

What does Section 52 outline?

It outlines that the Parliament has exclusive power to make laws for the peace, order, and good government of the Commonwealth.

What does section 86 outline

It outlines that customs and excise taxes will pass to the Commonwealth governments at federation.

What does Section 90 outline

It outlines that power over customs and excise taxes is now exclusive to the Commonwealth.

What does Section 107 oultine?

It outlines that every power of the parliament that becomes a state shall unless by the constitutional be vested in the parliament of both commonwealth and state.

What does Section 109 outline?

It outlines that if there is a clash between both residual powers that commonwealth law prevails and the state law becomes invalid.

What does Section 87 specify?

It specifies that 75% of revenue from customs and excise duties was to be handed back to the States for ten years (Bradden Blot).

What does Section 92 guarantee?

It guarantees that trade within the Commonwealth shall be free.

What is the uniform Tax Agreement of 1942

It’s an agreement that Led to the Commonwealth becoming the sole collector of income tax during WW2.

What was the outcome of the Uniform Tax Case (1942)

The High Court made a ruling that affirmed the Commonwealth's exclusive power over income tax.

What was the outcome of the Ha Case (1997)

The High Court made a ruling that solidified the Commonwealth's monopoly over excise taxes (Section 90).

What is the role of the Commonwealth Grants Commission (CGC)

It distributes GST revenue to the states on a 'needs' basis.

Vertical Fiscal Imbalance (VFI)

This occurs when the Commonwealth has a revenue surplus while the states lack sufficient revenue to cover expenditures giving the Commonwealth influence over the states.

What are Specific Purpose Payments (SPP)

These are conditional grants made to states by the Commonwealth, influencing state government policies.

Referral of Powers

The transfer of an area of authority of a state parliament to the Commonwealth parliament under Section 51, Subsection 37.

What is the agreement on Murray-Darling Basin Reform

A treaty signed by the Commonwealth and Basin States regarding the Murray-Darling Basin. It set out mechanisms for the cooperative and effective planning and management of water and other natural resources.

Criminal Code Amendment (Terrorism) Act of 2003

The act that allows the Commonwealth to make laws regarding terrorist acts inside Australia, made possible by the states referring their powers to the commonwealth.

Council of Australian Governments (COAG)

Formerly the main intergovernmental forum in Australia, comprising the Prime Minister, State Premiers, Territory Chief Ministers, and the President of the ALGA.

The National Firearms Agreement

An agreement negotiated by the Australian police Ministers Conference and COAG, and chaired by the Prime Minister John Howard that tightened firearm licensing rules.

National Cabinet

Established on March 13, 2020, to address the COVID-19 crisis, facilitating greater cooperative federalism.

Executive Federalism

A system of federalism governed through a body of elected leaders making and implementing executive decisions

What section of the Constitution is Trade and commerce with other countries, and among the States in

Section 51

What section of the Constitution is Taxation in

In section 51. It is an example of the Commonwealth Constitution outlining concurrent powers in that must not discriminate between States or parts of States.

What section of the Constitution do Lighthouses, lightships, boats and buoys fall under

Section 51. Its an example of the Commonwealth Constitution outlining concurrent powers.

What section of the Constitution is Naturalisation and aliens in

Section 51. It is an example of the Commonwealth Constitution outlining concurrent powers, however in practice it is an exclusive power.

What section of the Constitution are foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth

Section 51. It is an example of the Commonwealth Constitution outlining concurrent powers.

What section of the Constitution is Marriage in.

Section 51

What section of the Constitution Saves state powers

Section 107. It enforces that state powers are the areas of law-making not granted to the Commonwealth alone, or jointly with the states by the Australian Constitution.

What are National Specific Purpose payments considered as?

Some consider the national specific purpose payments as coercive, however, even if that is true there is still a higher percentage of cooperative payments to the states.

What is an example of National Cabinet Successes

Mark McGowan expressed that inbound flights from overseas should be cut further to reduce the risk of COVID-19 and the National Cabinet resolved on the 10th of July 2020 to cut the number of flights per week from 7 thousand to 4 thousand.

What was the information around the Referral of Powers for terrorism

With the threat of terrorism, the Commonwealth needed power to act for the whole of Australia (particularly after the September 11 attacks in 2001), and in 2003 all states referred a limited power.