Constitution

The Commonwealth Constitution divides the powers of the Commonwealth and the States so that each have areas in which they can legislate. Outlined in section 51 are specific powers, referred to as ‘the 39 heads of power’. These specific powers are the powers in which the Commonwealth is allowed to legislate. Some examples of powers outlined in section 51 are taxation, copyright and marriage.

Many of the areas of power outlined in Section 51 are concurrent powers meaning that both the Commonwealth and States can legislate in the area. Exclusive powers are outlined in Sec 52 of the Constitution, meaning that the powers belong solely to the Commonwealth. Section 52 (i) says; any crown land is exclusive to the Commonwealth and therefore may make law in respect to crown land. Section 52 (iii) provides that any part of the constitution that outlines exclusivity are sole powers of the Commonwealth. Examples are sec 114: no state shall maintain a military or navies forces, and section 11...