Division of Power

is the division of lawmaking power of the Parliament. The commonwealth and state parliaments can only make laws within their powers described in the constitution or the law would be declared 'Ultra Vires'. Essential to prevent overlapping of power.

Specific powers-

Exclusive Powers -
Only the Commonwealth can exercise, requires national approach.
e.g. National defense, external tariff, printing money

Concurrent Powers-
Commonwealth and State can exercise. Most areas in Section51.
e.g. Corporations, trade, taxation.

Prohibited Powers -
1)General Prohibited
2)Commonwealth Prohibited
3)State Prohibited

Residual Powers-
Powers not listed, retained by state.
e.g. Health transport, civil, criminal law, education. (Not listed in State Constitution)

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Exclusive Powers

• S52 Federal property & federal public service
• S71 Creation of Federal Courts
• S51(iv) borrowing money on public credit
• S51(vi) and S114 the provision of armed force
• S51(xii) and S115 currency, coinage and legal tender

Concurrent Powers

• S51(i) trade and commerce with other countries & among states
• S51(ii) taxation but not to discriminate between States or parts of States.
• S51(v) postal, telegraphic, telephonic and other like services.
• S51(xx) Corporation powers
• S51(xxi) Marriage

Prohibited Powers

• S116 Federal Parliament is prohibited to make laws about religion.
• S92 Trade between states is to be free, without tariff.
• S51(ii) taxation must not discriminate
• S51 (xxxi) cannot change the Constitution by legislation, only by referendum.

Residual Powers

• Criminal matters which are not Federal offences, civil matters, environment, women and children, housing, education, transport, public health.