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The incidental power (xxxix) allows the Commonwealth to act on matters 'incidental' any power of the constitution. Most notably this includes section 61 of the constitution, which vests the Australian Government with Executive Power. As a result, it is one of the most important sections in practice.
As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers.
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution , which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .
The Australian Constitution provides the Governor-General with a number of powers, including; the power to dissolve Parliament (Sections 5, 57), the power to refuse assent to bills presented to her (section 58) and the power to dismiss the government Ministers (section 64)., [14] however, the practical use of such powers is restricted by ...
The Australian people voting at the 1967 referendum deleted the words in italics, moving and centralising the existing State Parliaments' race power to the Federal government. Edmund Barton had argued in the 1898 Constitutional Convention that s 51(xxvi) was necessary to enable the Commonwealth to "regulate the affairs of the people of coloured ...
Generally the Commonwealth powers in section 51 can also be legislated on by the states, although Commonwealth law will prevail in cases of inconsistency. [2] However, the defence power must be read in conjunction with other parts of the Australian Constitution — namely, 114.
For example, primarily, Australian states fund schools and hospitals. The result of the limitations on state taxing power is that the Commonwealth collects the money through taxes, and distributes that money to states. The power to distribute funds to states, on conditions, is contained in section 96. [5]
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches.This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other.