The Constitution Flashcards
(21 cards)
Section 23
(A) changed 39 “heads of power” to 40.
Section 7
Outlines the responsibilities of a member of parliament.
Section 24
Outlines the responsibilities of a member of parliament.
Section 51 (i)
Specifies power if trade and commerce with other countries and between states.
Section 51 (ii)
Specifies the power of taxation.
Section 52 (v)
Gives the Commonwealth the power to legislate on “postal, telegraphic, telephone and other like services”.
Section 51 (vi)
Gives the commonwealth the power to raise a naval and military force. Section 114 makes this an exclusive power.
Section 51 (xii)
Gives the power to make coinage. Section 115 makes it an exclusive power.
Section 51 (xxi)
Marriage.
Section 51 (xxvi)
Changed under the 1967 referendum so that people of any race who it was deemed necessary to make special laws for falls under the power of the commonwealth and states.
Section 51 (xxix)
The “external affairs power interpreted in the Franklin Dam Case
Section 51 (xxxvii)
Gives the Commonwealth power over any matters referred to it by the states.
Section 71
Establishes the High Court in Australia.
Section 76
Gives the Commonwealth the power to establish the High court with the jurisdiction to hear disputes arising under the constitution or concerning the interpretation of the constitution.
Section 106
Restricts the commonwealth from interfering with the state’s powers.
Section 108
Restricts the Commonwealth from interfering in the state’s powers.
Section 109
Resolves conflict between commonwealth and state parliaments in relation to concurrent powers. If the state law is inconsistent with the commonwealth, than the commonwealth will prevail to the extent of the inconsistency between the two pieces if legislation. The inconsistent part of the state’s legislation will then become invalid.
Section 114
Restricts the states from raising a naval or military force.
Section 115
Restricts the states from coining their own money.
Section 127
Deleted in the 1967 referendum, so that indigenous people could be counted in the census.
Section 128
Prevents the Commonwealth from changing the constitution at will. It is therefore necessary to hold a referendum before the constitution can be changed.