the concurrent powers of the federal parliament are specifically stated in the constitution in section 51.
the concurrent powers of the federal parliament are specifically stated in the constitution in section 51.
where are the concurrent powers of the federal parliament specifically stated in the constitution?
section 51
part v deals with the powers of the parliament. section 51 deals with powers of the commonwealth parliament and are called "specific powers". these contain "concurrent powers", in the sense that both the commonwealth and states can legislate on these subjects, although federal law prevails in the case of inconsistency (section 109). of the thirty-nine elements of section 51, a few have become critical in determining the scope of commonwealth government action, including the trade and commerce power, the corporations power and the external affairs power. section 52 deals with powers "exclusively" vested in the commonwealth parliament. states cannot legislate on these subjects.
constitution of australia
the parliament has the power to make laws for victoria on any matter, subject only to limitations placed on it by the constitution of australia, which specifies which matters fall under the jurisdiction of the commonwealth. the commonwealth constitution identifies three areas of legislative power: "exclusive powers", which may only be exercised by the federal parliament, "concurrent powers", where may be exercised by both the states or federal parliament, and "residual powers" which remain the exclusive prerogative of state parliaments. concurrent powers are limited further, as when a state law and federal law come into conflict, the federal law prevails to the extent of any inconsistency. exclusive powers deal with matters that affect the entire nation or anything occurring on federal land. for instance, no state may create its own currency, nor raise its own defence force. however, the federal parliament may only make laws for matters to which it has been specifically granted the ability to do so by australia's constitution. therefore the remaining powers remain the legal domain of each state parliament in turn. the treasury corporation of victoria outlines that the victorian parliament's key responsibilities are: "education, public health, police and justice, transport, roads and railways, industry, mining and agriculture, public works, ports, forestry, electricity, gas, and water supply and irrigation."
parliament of victoria