A FEDERAL NATION-AUSTRALIAN CONSTITUTION

1. A FEDERAL NATION-AUSTRALIAN CONSTITUTION

2. Federation • Occurred on Jan 1. 1901 • Created a new nation and new level of government - Commonwealth of Australia • Federations divide power between a central government and two or more regional powers (ie WA govt). • Each level has different powers. • Disputes between the two levels of government are decided by independent authority- Constitutional Court or High Court.

3. Federation • Constitution was set out to limit commonwealth powers by defining what their jurisdiction was and what was not mentioned was left to the states. • Main focus of document was on the creation of the federal structure of government. • Each branch of government was outlined as well as other issues. Ie/ constitutional change • Many aspects were not included. Ie/ PM, this was left to convention.

4. Chapter 1 • Largest chapter in the constitution, containing 5 parts. • It was also the most important chapter as it created the FEDERAL PARLIAMENT.

5. Chapter 1 - Part 1 • Creates the Bi-cameral parliament, House of Representatives and the Senate. (Section1) • The Queen’s authority, as Australia’s constitutional Head of State, is to be exercised by the Governor-General. (S2)

6. Chapter 1 - Part 2 (Senate) • Creates the upper house-Senate • Composition- equal number from each state. This reassured the smaller colonies. • Roles: • House of Review • State’s house (not to be dominated by P. Parties)

7. Senate • 6 senators from each state, now 12 and the territories have 2. • 6 year terms • Senator elections done on rotation. I.e./ half every 3 years. • Casual Vacancy- filled by member from same party. • Senate presided over by a President.

8. Chapter 1- Part 3(HOR) • Creates the House of Representatives. • Modelled on UK House of Commons. • “Peoples House” • Political party with the majority forms government. (i.e./executive headed by PM)

9. HOR • Nexus clause ensures HOR is to be twice the size of the Senate. I.e./ 150:76 • Composition is based on population. • Re-elections every 3 years. • Vacancy is filled by a by-election. • Presided over by a Speaker.

10. Chapter1- Part 5 • Division of legislative powers. • Federal powers were listed. • Concurrent powers were also listed. • However, state powers were left out.

11. Part 5- Exclusive powers(S52) • These are powers exclusively given to the Commonwealth government. • Very few in total • Examples: Excise tax, Federal public service acquisition of land for capital.

12. Concurrent Powers (51) • Both states and federal can make laws on these. • Often confused for exclusive as states have rarely exercised their powers. • What are some of these powers? • Section 109- also states that if Federal and state laws conflict the commonwealths override them.

13. Residual powers • Section 106, 107, 108 Maintain state constitutions, parliaments and laws. • ALL other legislative jurisdiction is left to the states. Examples? • If there is conflict S 109 gives commonwealth overriding powers.

14. Law making power of the Two Houses • Section 53- Powers are the same except for one area. • The Senate cannot introduce, nor amend appropriation bills. (Can recommend changes). • What are appropriation bills? • Most bills originate from the HOR.

15. Conflict between the houses? • The government does not always control both houses. I.e./ Between 1981 and 2005 • If the Senate refuse to pass legislation twice, a DOUBlE DISSOLUTION results. • General election is held for ALL members. • Nexus clause.

16. Royal assent • Section 58- Royal assent must be given as the last stage for bills to become law by the G-G.

17. Chapter 2- Executive • Comprise monarch, PM, Ministers and Public service. • Executive Roles: • Select and introduce legislation • Administer government policy and departments. • Accept responsibility for the outcomes of policies.

18. Executive • All members are from parliament. • Political party with majority forms executive. • Most ministers are from HOR although they can come from Senate too. • PM must be from HOR.

19. Executive • Constitutionally- Federal Executive Council is executive. • Who is given the power? • Why is this in practice not the case?

20. Executive • Chapter 2 is highly criticized because it does not : • Outline the office of PM • Outline the existence of the Cabinet • Explain limits on G-G’s powers.

21. Chapter 3- The Federal Judicature • Creates High Court and other Federal courts. • High Courts’ Roles: • Highest court of Appeal for states • Highest court of Appeal for federal • Court for disputes over legislative powers of State and commonwealth. • Interpreter of the constitution. • Look at hierarchy pg 84

22. Chapter 4-Finance and Trade • Free trade between states • Commonwealth to collect excise tax(tariffs) • Financial assistance to states

23. Chapter 5- The States • Constitutions, parliaments and laws maintained. • Section 109- inconsistency over laws.

24. Chapter 6 • New states can be created if needed. • Never happened.

25. Chapter 7 • Miscellaneous • Establishment of Capital (Canberra). • G-G as Queens’ Representative • Section 127 removed from constitution? • Why? Not removed until 1962.

26. Chapter 8 • Altering the Constitution • Referendums- Only way of changing the constitution. • Proposal passed by both houses (or 1 house twice), then put to the people where it must receive a double majority(people and states) then it goes to the G-G. • Very rare to pass- only 8 out of 44.