10.5 the division of law making powers Flashcards

(4 cards)

1
Q

Three types

A

Residual
Exclusive
Concurrent

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2
Q

Residual powers

A

Law making powers that were left with the states. The Commonwealth parliament generally has no authority to make laws in these areas

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3
Q

Exclusive powers

A

Law making powers that are held only by the Commonwealth Parliament, and only that parliaments generally has no authority to make laws in these areas

  • defence (the Australian Defence Force including the army, navy and air force)
  • currency (printing and coining money)
  • customs and border protection (immigration, controls on imports and exports, and border
    security).
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4
Q

Concurrent powers

A

Law making powers that are shared by the Commonwealth and the state parliaments

  • taxation – the power to make laws about taxation is given to
    the Commonwealth Parliament but state parliaments can also
    make laws about taxes. Commonwealth taxes include income tax and GST (goods and services
    tax). State taxes include stamp duty and payroll tax
  • marriage and divorce – both the Commonwealth Parliament and state parliaments have the
    power to make laws on marriage and divorce
  • postal, telegraphic, telephonic and similar services – communication services may be
    legislated on by both the Commonwealth and the state parliaments
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