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Fundamentals Of Australian Constitutional Law Notes

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This is an extract of our Fundamentals Of Australian Constitutional Law document, which we sell as part of our Federal Constitutional Law Notes collection written by the top tier of University Of New South Wales students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Federal Constitutional Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Fundamentals of Australian Constitutional Law The Constitution Commonwealth of Australia Constitution ActSections 1-9 deal with introductory matters (the short title, definitions, how the constitution binds everyone in a state)

Chapter I - The Parliament Part I - GeneralSection 1 - Legislative power is vested in a Federal Parliament consisting of Queen, Senate and HOR called 'The Parliament'Section 2-5 deal with the Governor general (appointed by the Queen, paid from the CRC, , can appoint times for holding parliamentSection 6 provides that there must be a yearly session of Parliament

Part II - The SenateSection 7 - composition of senators is chosen by the people of the State (some exceptions for QLD); there are six senators per state until otherwise provided, each chosen for 6 yearsSection 8-10 - Qualification of electors and method of election of senators determined by the StateSection 11 - Failure to choose does not stop the senate from conducting businessSection 12 - Governors can issue writs for elections of SenatesSection 13-15 deal with rotations of senators and casual vacanciesSection 16 - Qualification of Senators same as for members of HORSection 17-18 - President of senate must be elected, he must be a senator at all timesSection 19 - A senator can resign by writing to the GG or PresidentSection 20-21 - Any vacancies have to be notified, two consecutive vacancies and the senator's position is vacatedSection 22 (Quorum) - One-third of all senators required for the Senate to exercise its powersSection 23 - Questions arising in the Senate are determined by a majority

Part III - The House of RepresentativesSections 24-29 deal with the composition of the HOR, the presence of each state and electoral divisionsSection 30 - Qualification of electors determined by stateSection 31 - Laws of the state for elections apply to elections in the state of HOR membersSection 32 - GG can issue writs for general elections of HOR membersSection 33 - if there is a HOR vacancy the speaker can issue a writ for a new member, or the GG if there is no speakerSection 34 - qualification - 21 years old, entitled to vote (or to become qualified), a natural-born subject of the Queen or naturalized for five yearsSection 35-36 - The Speaker must be chosen before the dispatch of business. The speak must always be a member. If vacant a member can be chosen by the HOR to perform his dutiesSection 37 - A member can resign by writing to the GG or SpeakerSection 38 - If a member of the HOR is absent for 2 months their place becomes vacantSection 39 (Quorum) - One-third present before dispatch of businessSection 40 - Questions arising in the HOR are determined by majority

Part IV - Both Houses of the ParliamentSection 41-50 deals with various powers (rights of electors - can't be barred if entitled, oath of allegiance, can only be a member of one house, disqualification for allegiance to a foreign power or treason or bankruptcy or holding an office of profit etc.)

Part V Powers of ParliamentSection 51 enumerates the many heads of power the Federal Parliament can legislate underSection 52 gives the FP exclusive power to make laws for the POGG wrt:o

The seat of government of the CTH and all places acquired by it


Matters relating to any department of the public service

Section 53-56 deals with various powers in relation to legislation appropriation and tax


Section 57 allows for the dissolution when a bill fails to pass or is passed with amendments two times. It also gives the power to the governor general to call a joint sitting if this occurs after dissolutionSection 58-60 deals with ascent and disallowance by the Gov. Gen.

Chapter III - the JudicatureSection 71 appoints the High Court as the supreme federal courtSection 72 deals with judicial appointment backspace, tenure and remunerationSection 73 gives the high court jurisdiction over all judgments of any judges exercising the original jurisdiction of the High Court, or any other federal court or Supreme Court of any state, all of the interstate commission as to questions of lawSection 74 is the High Court the power to certify questions to be determined by her Majesty in CouncilSection 75 deals with the original jurisdiction of the High Court in matters o

Arising under any treaty


Affecting consuls or representatives of other countries


In which someone is being sued or suing on behalf of the Commonwealth


Between states


In which mandamus prohibition or injunction is soughtSection 76 gives the power to the Parliament to confer on the high court jurisdiction over matters arising under the Constitution, laws made by the Parliament, admiralty, relating to matters claimed under the laws of different statesSection 76 further gives the Parliament's power to define jurisdictionSection 78 gives Parliament power to make laws for proceedings against the Commonwealth or stateSection 79 allows federal jurisdiction of any court to be exercised by a number of judges prescribed by ParliamentSection 80 gives a right to jury trial on indictment of any offense

Chapter IV - Finance and TradeSection 81-83 establishes the consolidated revenue fund and provide it may only be used in accordance with law


Section 84-85 deals with the transfer of offices and property when departments are of a state become transferred to the CommonwealthSection 86-S. 90 deals with customs excess and bountiesSection 92 provides that trade it would be in the Commonwealth is to be freeSection 93-97 further deals with financial mattersSection 98 expands the scope of trade and commerceSection 99 provides that the Commonwealth cannot give preference to certain statesSection 100 prohibits the Commonwealth from regulating reasonable use of waters by the stateSection 101 establishes the Interstate CommissionSection 102 provides that the Parliament can make any law with respect to trade or commerce to forbid preferences by state if they are unjust, undue or reasonableSection 103 provide that rates for railway are not unlawfulSection 105 about the Commonwealth to take over debts of the states as long as the state indemnifiesSection 105A allows the Commonwealth to make certain agreements with regards to state debts

Chapter V - The StatesSections 106-108 discussing the Saving of State Constitutions, Parliaments and Laws which continue unless altered by this constitutionSection 109 - Provides that Commonwealth laws prevail if inconsistent with Commonwealth lawsSection 110 - Extends the power given to a governor of a state to the governor of a state presentlySection 111 allows states to surrender territories to the CommonwealthSection 112 allows states to levy charges for inspection of goods but the proceeds go to the CTHSection 113 makes the use, consumption, sale or storage of intoxicating liquids subject to state lawsSection 114 restricts states from raising forces without consent and prevents taxing CTH/State property by the other

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