The Division of Law-Making Powers (VCE SSCE Legal Studies): Flashcards

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The Division of Law-Making Powers
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Law-making powers

Authority given to parliament to make laws in specific areas

Year of Australian Federation

1901

Three types of law-making powers

Residual, exclusive, concurrent

Residual powers definition

Powers left with states, NOT listed in Constitution

Section preserving state residual powers

Section 107

Examples of residual powers (3)

Criminal law, education, public transport

Exclusive powers definition

Powers only Commonwealth Parliament can exercise

Examples of exclusive powers (3)

Defence, currency, customs

Concurrent powers definition

Powers shared by Commonwealth and state parliaments

Examples of concurrent powers (3)

Trade, taxation, marriage

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