The division of law making powers l5y10LS

Question 1

Division of law making powers

Answer 1

-Exclusive power
-Concurrent power
-Residual power

Question 2

Exclusive powers

Answer 2

Law making powers that only the Commonwealth Parliament can exercise, including defense and currency

s51 of Aus Const- (vi) = the naval and military defence of the commonwealth and of the several states, and the control of the forces to execute and maintain laws of the Commonwealth

Question 3

Concurrent powers

Answer 3

Law making powers that are shared between the Commonwealth parliament and the state parliaments, including marriage and taxation.

Question 4

Residual powers

Answer 4

Law making powers that are not addressed in the Constitution (i.e. not explicitly mentioned), and are therefore retained by the states, including public transport and urban planning.

S108 of Const - Every law in force in a colony which has become or becomes a state, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a state.

Question 5

McBain case key facts

Answer 5

Key facts
-Lisa Meldrum, a single woman, consulted John Mcbain wishing to conceive through IVF and using donor sperm.
-McBain told her he was prohibited by Vic legislation, the Infertility Treatment Act 1995, from administering her because she was single
-McBain was also subject to Commonwealth legilsation, the Sex Discrimination Act 1984, which outlines a person must not be denied services such as medical care due to their marital status.
-Went to federal court to show the inconsistency betweeen Infertility Treatment Act 1995 as it conflicts with Cth discrimination law.

Question 6

Mc Bain case - Issue

Answer 6

-Whether or not women are required to be married or in a defacto relationship to qualify for infertility treatment under the Infertility Treatment Act 1995 as it conflicts with Cth discrimination law.

Question 7

McBain case- decision

Answer 7

Justice Sundberg concluded that the Victorian legislation conflicted with the Sex Discrimination Act 1984 and was unlawful under section 109 of the Australian Constitution. This case holds that women do not have to be married or in a defacto relationship to be eligible for infertility treatment.

Question 8

McBain case- impact

Answer 8

Declared Victorian legislation, to the extent that it was inconsistent with the Commonwealth legislation, was invalid.