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The Australian Constitution confers legislative power to the Commonwealth over marriage (Section 51(xxi)) and matrimonial causes (Section 51xxii)). The Australian Commonwealth created the Family Court of Australia as a specialist court dealing with divorce, including custody of children. However, the custody of children born outside of a ...
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 .
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 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.
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 ...
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.
Section 61 vests the executive power of the Commonwealth in the monarch of Australia, and makes this power exercisable by the governor-general on behalf of the monarch as their representative. [1] In practice, the governor-general only exercises this power on the advice of the Federal Executive Council which he or she presides over. [1] [3]
Section 51(xxxi) is an exception to the norm for interpretation of the subsections of section 51, that one grant of power cannot be used to "read down" another. In this case, however, the Court will not allow another grant of power to be read so broadly as to circumvent the specific limitation to the power granted by section 51(xxxi). [15]