Australian Constitution

Question 1

S 127

Answer 1

Aboriginal people are not to be counted in the census (“reckoning the numbers of the people of the Commonwealth in certain circumstances”.)

Changed in 1967 Referendum.

Question 2

S 51 (xxvi)

Answer 2

Race Power

The Commonwealth had the powers to make laws with respect to “the people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make special laws.”

Changed in 1967 Referendum

Question 3

S 25

Answer 3

The method of choosing representatives is by vote at an election.

S 25 basically says that if a state discriminates against a particular race, it won’t have as many reps and therefore it was intended to penalise racist states and encourage a more inclusive franchise.

Question 4

Chapter 1

Ss 7 and 24

Answer 4

Established a bicameral parliament whose members are “directly chosen by the people”.

Question 5

S 6

Answer 5

Senators are to have a fixed six-year term beginning on the first day of July.

Question 6

S 28

Answer 6

House of Representatives has a duration of “three years from the first meeting of the House”.

Question 7

S9

Answer 7

The power to determine the times and places of Senate elections is given to the states and not the Commonwealth.

Question 8

S 34

Answer 8

Sets the qualifications for standing for election in the Commonwealth Parliaments “until the Parliament provides otherwise”.

Question 9

S 44

Answer 9

Lists 5 grounds upon which people are ineligible to be chosen to sit as MPs.

1. Acknowledgement of allegiance to a foreign power;
2. Is attained for treason;
3. Under sentence, or subject to be sentenced for any offence punishable under the law by imprisonment for one year or longer;
4. Holds an office for profit under the Crown;
5. Has “any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth”.

Question 10

Section 1, 61 and 71

Answer 10

Establish the Commonwealth Parliament and the Executive and make provision for a federal court system.

Question 11

Sections 106 - 108

Answer 11

Expressly recognise state constitutions, parliaments and laws.

Question 12

Sections 51, 52 and 122,

Answer 12

Sections that draw up the parameters of the commonwealth’s legislative capacity (the laws it can make).

Question 13

S 114

Answer 13

Commonwealth control over armed forces. This is a purposive power, meaning that it must only be used for the purpose of defending the Commonwealth.

Question 14

S 90

Answer 14

Commonwealth power to impose custom and excise duties and bounties.

Question 15

S 52

Answer 15

Commonwealth power to make laws relating to the Commonwealth Government.

Question 16

S 122

Answer 16

Territorial legislation is subject to the Commonwealth Parliament. This section confers power onto the Territories to make laws and can be removed at any time

Question 17

S 109

Answer 17

State Laws inconsistent with a Commonwealth Law are considered invalid to the extent of the inconsistency.

Question 18

S 92

Answer 18

Trade, commerce and intercourse between the states is ‘absolutely free’.

Question 19

Combined effect of ss 90 and 92

Answer 19

Creates an exclusive Commonwealth power to set the tariff policy across Australia and create a national economy under the control of the Commonwealth.

Question 20

S 61

Answer 20

The executive has the power to enter treaties.

Question 21

S 96

Answer 21

Tied grants power.

Cth can give financial assistance to the states on ‘such terms and conditions as the Parliament sees fit’.

Question 22

S 49

Answer 22

Parliamentary immunities

Question 23

s 128

Answer 23

Maner and form provision: requires referendum to change Constitution

Question 24

s 62

Answer 24

Creates the federal Executive Council (now the Cabinet, this Council used to consist of all ministers but has been reduced down to senior ministers.)

Question 25

s 63

Answer 25

Where the Constitution gives power to the GG in Council, this means the GG acting with the advice of the Federal Executive Council.