KKDP 2: law making powers of state and cmwlth parliaments (exclusive, concurrent and residual powers)

3 types of law making powers

Residual Powers

Outline

• These are not written in the constitution, leftover powers held by state parliaments.

• they cover areas not given to the cmwlth and remains within the states

Examples

• Criminal law

• road laws

• medical procedures

• education

• public transport

Exclusive Powers

Outline

• held by the commonwealth by other sections of the constitution that only the commonwealth parliament can excersise

Examples

• Defence

• customs and excise

• currency coinage and legal tender

Concurrent Powers

Outline

• Powers that both commonwealth and state parliaments share juristiction over (both can make laws over these areas

Examples

• trade

• marriage /divorce

• tax

• postal, telephone etc

exclusive by other sections

• it is stated in other sections of the constitution that these powers MUST only reside w the cmwlth parliament

eg: cmwlth can only raise an army (s.114)

exclusive by nature

• it is assumed that ONLY the cmwlth parliament should legislate in this area

eg: s51 (xix) becoming an Australian citizen