Important sections of the Constitution

1

Vests power in the Federal parliament, made up of the Queen, Senate and HoR

2

Governor-general is the Queen’s representative

7

Same number of senators for each state, to be chosen by the people (implied right for freedom of political communication – Theophanous v Herald and Weekly Times Ltd (1994); Lange v ABC (1997); Australian Capital Television Pty Ltd v C’th (1992)

15

Casual vacancies to be filled by party. Changed in the 1977 referendum (Milliner and Murphy)

24

Contains Nexus clause (No. in the HoR to be double of the Senate)

25

If Aborigines are not allowed to vote, they aren’t counted in censuses. (no longer valid, obsolete)

26

Tasmania is guaranteed 5 seats (malapportionment)

41

Right to vote, if you vote in the state election

51

ii.

xx.

xxix

xxxi

xxxvii

Powers of parliament (exclusive and concurrent)

Taxation (concurrent)

Financial corporations

External affairs (Commonwealth v Tasmania 1983)

Acquisition of property on just terms

Cross vesting: State may refer powers to C’th but not the other way

52

Exclusive powers of C’th (e.g. federal public service)

53

Money bills must originate in HoR, Senate cannot amend.

57

Double dissolution if there’s a deadlock

58

GG must assent to Bills

61

Executive power is invested in GG

62

Establishes the Federal Executive Council

64

Reserve power: appoint of dismiss ministers (Whitlam 1975)

68

GG is commander in chief of all armed forces

71

Establishes HC

72

Appointment, tenure and dismissal of HC Justices

73

Appellate jurisdiction of HC (as highest in the hierarchy)

75

Original jurisdiction – disputes involving states/c’th, state/state, individual/state; int. treaties

76

Also : constitutional challenges, issues about C’th laws.

80

Right to trial by jury for federal indictable offences.

81

Establishes a consolidated revenue fund that all money raised goes to

83

Money can only be drawn from the CRF by law (Pape v Tax Commissioner 2009; Williams v C’wealth 2012)

87

Braddon Blot: after 10 years, the C’wealth takes all revenue from customs and excise

90

Customs and excise are exclusive C’weath powers

92

Free trade between states

96

C’th can attach conditions to the money it gives to the states

105

C’wealth may take over state debts

106

Saving of state constitutions

107

Saving of state parliaments

108

Saving of state laws

109

If there is a conflict between State and C’wealth laws, the C’wealth laws prevail

116

No State Religion can be imposed

117

No discrimination on the basis of the state they came from

127

Aborigines not counted in census (repealed 1967)

128

How to change constitution by referendum

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