• Congratulations to the Class of 2024 on your results!
    Let us know how you went here
    Got a question about your uni preferences? Ask us here

List of exclusive powers held by the Commonwealth Parliament? (1 Viewer)

benzoenator

New Member
Joined
Jan 23, 2009
Messages
2
Gender
Male
HSC
N/A
Hey guys,

First post here, but I've been lurking for the last month or so. Awesome community, and while I'm not doing the HSC (I live in Tasmania - but I wish[/i] I was doing it), I'm hoping I can contribute to the forum, as well as contribute to the forum.

I don't go back to school for another week, but I downloaded the curriculum from the Tasmanian Qualifications Authority website. I'm trying to get detailed notes down for every section of the syllabus that we're studying. Pretty insane I know, given that I've never attended a single lesson of Legal Studies. That being said, I was getting books out on corporate law from the library when I was 9, so I'm pretty competent.

I'm currently doing notes on division of power, and I think I've got the basic concept. I'm trying to find a list of exclusive powers held by the Commonwealth Parliament, but it's tricky. My LS textbook only has 3:

- Raising military forces
- Coining money
- Customs

I'm sure there are more, there'd have to be. There's no way that the 37 or so other laws listed in Section 51 of the Constitution are concurrent... Or are they? If anyone has a list of exclusive laws more detailed than the feeble one I've got here, I'd be most appreciative if you can post it here. I work by examples, so if I have a nice big list of all the exclusive laws sitting in the appendix of my notes, I'll be happy ;)
 

cxlxoxk

Member
Joined
Feb 17, 2008
Messages
769
Gender
Male
HSC
2008
Hey guys,

First post here, but I've been lurking for the last month or so. Awesome community, and while I'm not doing the HSC (I live in Tasmania - but I wish[/i] I was doing it), I'm hoping I can contribute to the forum, as well as contribute to the forum.

I don't go back to school for another week, but I downloaded the curriculum from the Tasmanian Qualifications Authority website. I'm trying to get detailed notes down for every section of the syllabus that we're studying. Pretty insane I know, given that I've never attended a single lesson of Legal Studies. That being said, I was getting books out on corporate law from the library when I was 9, so I'm pretty competent.

I'm currently doing notes on division of power, and I think I've got the basic concept. I'm trying to find a list of exclusive powers held by the Commonwealth Parliament, but it's tricky. My LS textbook only has 3:

- Raising military forces
- Coining money
- Customs

I'm sure there are more, there'd have to be. There's no way that the 37 or so other laws listed in Section 51 of the Constitution are concurrent... Or are they? If anyone has a list of exclusive laws more detailed than the feeble one I've got here, I'd be most appreciative if you can post it here. I work by examples, so if I have a nice big list of all the exclusive laws sitting in the appendix of my notes, I'll be happy ;)


- Borrowing money from other nations when times are harsh.

- Federal budget.

- External affairs power.

- Quarantine

- Census + Stats (ABS)

(I'm not sure if any of these are right, please don't take my word for it, read it yourself and come to a decision if it's right or not!)

edit: this will help you:

Section 51 of the Australian Constitution - Wikipedia, the free encyclopedia
 
Last edited:

holofernes

New Member
Joined
Feb 13, 2008
Messages
11
Gender
Undisclosed
HSC
1998
Nope, your book is right. All s51 powers are concurrent, although some are couched in language that makes it clear that they are intended for the Commonwealth, and would be hard for a legislate upon (e.g. relationship of the Commonwealth to Pacific states). s51 is a specific grant of power to the Commonwealth, and doesn't take anything away from the states.

Except: The power to raise military forces and coinage are forbidden to the states in later sections, making those grants in s51 exclusive to the Commonwealth.

Section 52 has some extra exclusive powers, but they're fairly uninteresting. E.g. the power to determine the seat of government, and the power to control its public service.
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top