U4 AOS1

Question 1

What is the Australian constitution?

Answer 1

A set of rules and principles that guides the way Australia is governed.

Question 2

What is a bicameral parliament?

Answer 2

A law making body of two houses who work together to approve new bills.

Question 3

What is a bill?

Answer 3

A proposed law that has been presented to Parliament.

Question 4

What is the structure of the Commonwealth Parliament?

Answer 4

1. The crown (a representative of the king)
2. The Senate (the upper house)
3. The House of Representatives (the lower house)

Question 5

What is the House of Representatives?

Answer 5

The lower house in the parliament which represent the people in law making,
- there are 151 elected members
- the party with majority seats (76) forms government and the leader of the party becomes prime minister.
- the government of the day.

Question 6

What are the roles of the House of Representatives?

Answer 6

• Initiate new legislation (most legislation proposed originates in the House of Representatives)
• Initiate money bills (any bills in relation to government expenditure, taxation and appropriation)
• Represent the people in law-making (they should reflect the views and values of the public)
• Review legislation and propose amendments (change legislation in order to ensure the law is effective as possible)
• Scrutinise legislation/ act as a house of review (scrutinise any bills made by the senate)

Question 7

What is the Senate?

Answer 7

The upper house that represents the state.
- there are 76 elected members across Australia (39 seats to have majority seats)
- each state has 12 senators, territories have 2
- voters elect 12 people to represent their state in the senate.

Question 8

What are the roles of the Senate?

Answer 8

• To act as a house of review/ scrutinise legislation (primary role)
• Act as a state’s house (ensures legislation is not passed that favours larger states at the expense of smaller states)
• Initiate legislation/bills

Question 9

What is the Governor-General?

Answer 9

The representative of the king in the Commonwealth Parliament.

Question 10

What are the roles of the Governor-General?

Answer 10

• Grant royal assent on legislation (primary role)
• With-hold royal assent if appropriate to do so
• Suggest amendments to legislation after it has been passed by both houses
• Summon the executive council

Question 11

What house of the Commonwealth Parliament forms government?

Answer 11

The House of Representatives

Question 12

What is the structure of the Victorian Parliament?

Answer 12

1. The Crown (the Governor)
2. The Legislative council (upper house)
3. The Legislative Assembly (lower house)

Question 13

What is the legislative assembly?

Answer 13

The lower house.
- has 88 elected members
- political party with majority of seats (45 seats) forms government at the state level. The leader of the political party becomes the Premier of Victoria.

Question 14

What are the roles of the legislative assembly?

Answer 14

• Initiate new legislation
• Initiate financial spending legislation/control government expenditure
• Represent the people in law making (members are directly chosen by the voters in their community and should reflect their values/opinions)
• Review legislation & propose amendments to laws
• Scrutinise legislation/act as a house of review

Question 15

What is the Legislative Council?

Answer 15

The upper house (at the state level)
- 40 elected members serving a 4 year term
- Victoria is divided into 8 regions and 5 members are selected from each region

Question 16

What are the roles of the Legislative council?

Answer 16

• Scrutinise legislation/Act as a house of review (primary role)
• Initiate legislation
• Scrutinise government administration

Question 17

What is the Governer?

Answer 17

The crown’s representative in law making at the state level.
- appointed by the king on the advice of the premier

Question 18

What are the roles of the crown?

Answer 18

• Grant royal assent (primary role)
• Act as a head of state
• Chair the executive council

Question 19

What is the division of powers?

Answer 19

Law-making powers split and shared between the Commonwealth Parliament and each State Parliament due to the Australian constitution.
The division of powers consists of:
- Exclusive powers
- Concurrent powers
- Residual powers

Question 20

What is the purpose of the division of powers?

Answer 20

• To avoid any abuse of power
• To share the responsibility of law making

Question 21

What are exclusive powers?

Answer 21

Powers that can only be exercised by the Commonwealth Parliament in law-making.
Areas of exclusive power include:
- customs & boarder control
- immigration
- currency
- foreign affairs
- overseas trade
- control of military forces

Question 22

What sections of the constitution is the exclusive powers stated in?

Answer 22

Stated in section 51 and 52 of the constitution.

Question 23

What are concurrent powers?

Answer 23

Law-making powers that are shared between the Commonwealth and State Parliaments.
The areas of law include:
- trade
- marriage and divorce
- insurance
- taxation
- banking

Question 24

What sections of the constitution is the concurrent powers stated in?

Answer 24

Stated in section 51(v) of the constitution.

Question 25

What are residual powers?

Answer 25

Law-making powers that are the responsibility of the state parliament. These powers are not stated in the Australia constitution. These powers include: - health - education - agriculture - police - prison - criminal law

Question 26

What is the Australian constitution?

Answer 26

A set of rules that governs Australia, divides the power of law-making and outlines human rights of Australians.

Question 27

What does section 109 state?

Answer 27

“When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former stall, to the extent of the inconsistency, be invalid.” - this means the Commonwealth legislation will prevail - ‘to the extent of the inconsistency’ means only the section of the state law that is considered invalid will be removed, while the rest of the legislation is valid. - for a legislation to be found invalid, the legislation must be challenged in High Court.

Question 28

What is section 109 of the constitution designed for/its purpose?

Answer 28

Section 109 is designed to resolve conflicts and inconsistencies that may arise when concurrent powers are exercised by Commonwealth Parliament & state parliament in making a law in the same area.

Question 29

What is the significance of section 109/why is it significant?

Answer 29

- It resolves inconsistencies between Commonwealth and State legislation - Restricts the law-making powers of the State parliament (regarding concurrent powers) - Requires cases to be brought forward in the court - Allows state laws previously deemed invalid to come into force if the Commonwealth legislation has been changed or removed.

Question 30

What is one high court case that impacted law-making powers?

Answer 30

Tasmanian Dam case 1983

Question 31

What is the background information/ facts regarding the Tasmanian Dam case?

Answer 31

- Australia signed and ratified an international treaty called the World Heritage treaty which gave Australia that obligation to protect sites listed on the ‘World Heritage list’ which included the Franklin River - section 61 allows Commonwealth to enter agreements regarding the international treaty - section 51 allows the Commonwealth Parliament the law-making power to legislate on matter considered ‘external affairs’ - The Tasmanian Parliament passed the Gordon River Hydro- Electric Power Development Act 1982, to construct the dam. - The Commonwealth Parliament passed the World Heritage Properties Conservation Act 1983 which prevented the construction of the dam.

Question 32

What legislation did the Tasmanian Parliament pass to initiate the construction of the dam?

Answer 32

The Gordon River Hydro-Electric Power development Act 1982

Question 33

What section of the constitution allows the Commonwealth to legislate on matters regarding ‘external affairs’?

Answer 33

Section 51

Question 34

Is construction of dam one of Commonwealths exclusive powers (Tasmanian Dam Case)?

Answer 34

No, it is not, however they were able to legislate on it due to the external affairs power.

Question 35

What was the legal issue being argued in the Tasmanian Dam case?

Answer 35

Whether the Commonwealth had the law-making power to legislate on the construction of the dam regarding residual powers and the external affairs power.

Question 36

What was the outcome of the Tasmanian Dam case?

Answer 36

The High Court found that the external affairs power allows the Commonwealth to legislate in areas of residual power if the commonwealth is upholding its international treaties. S9 of the World Heritage Properties Conservation Act 1983 was found valid (other legislation and section was found invalid) while the Gordon River Hydro-Electric Power development Act invalid.

Question 37

What was the significant effects of the Tasmanian Dam case on law-making powers?

Answer 37

- The external affairs power extended Commonwealth’s law-making power, allowing it to legislate in areas of residual power, if they are giving genuine effect to an international treaty. - It limited Tasmanian governments law-making powers as they are no long allowed to legislate on the construction of the dam. - High Courts interpretation created the potential for any State parliament legislation to be overruled by Commonwealth legislation in matter concerning external affairs.

Question 38

How did the Tasmanian Dam case limit law-making powers?

Answer 38

- the external affairs power is restricted in legislation regarding express & implied rights. - Justices Mason, Murphy and Brennan agreed that international agreements entered into must be genuine & not solely for the purpose of acquiring legislative power. Therefore,Commonwealth cannot manipulate an international obligation in order to override state legislation by relying on the external affairs power. - The law-making powers of the Tasmanian Government is restricted.

Question 39

Why did some commenters express concern regarding the Tasmanian Dam case?

Answer 39

They had concerns that the decision gave the Commonwealth unlimited law-making power as there are many treaties on many different concepts. However the justices agreed the agreements must be genuine & not solely for the purpose of acquiring legislative power.