Law Making Bodies in Australia
Although the federal parliament has no legislative power over Tasmania`s rivers, dams or environment, the court ruled that the federal legislation was valid because it allowed the government to fulfill its obligations under an international treaty – the World Heritage Convention. The Federal Executive – the Prime Minister and Ministers – is the Australian Government`s main decision-making body and is responsible for implementing federal legislation. It also ensures that laws provide Australians with the services they need. The Cabinet, composed of senior ministers chaired by the Prime Minister, is the main decision-making body of the Government. Important policy and legislative proposals are adopted by Cabinet. The Prime Minister selects ministers for ministerial positions. On average, each council has 9 elected members, usually referred to as council members or aldermen, while the president or head of council is usually referred to as mayor or president. These smaller legislative bodies issue regulations on local affairs and provide services. For example, councils are responsible for: This diagram illustrates the three levels of government – legislative bodies in Australia with three maps of Australia: local councils (in Australia, in any local council department); State/Territory legislatures (in the capitals of each of the 6 states and 2 territories); and the Federal Parliament (in Canberra, the country`s capital). The legislative powers of the federal Parliament have also increased to cope with the enormous social and technological advances that have taken place since federation. As Australian society has changed, the problems of the Federal Parliament have changed. For example, the framers of the Constitution could not foresee how the digital revolution has affected the way we live, work and communicate.
In 1901, there were only 33,000 telephones in Australia and no radio, television, computer or internet. Today, the Federal Parliament enacts laws on all these services. It can do so under Article 51(v) of the Constitution, which gives Parliament responsibility for “postal, telegraphic, telephone and similar services”. Articles 51 and 52 of the Constitution describe the legislative powers of the federal Parliament. Section 51 lists 39 areas in which the Federal Parliament has legislative and legislative powers. Every state, with the exception of Queensland, has a parliament consisting of 2 houses. The Queensland Parliament has only 1 chamber – the Legislative Assembly – making it a unicameral house – one house. There are over 500 local government agencies across Australia. They are often referred to as councils, municipalities or counties.
Local governments consist of 2 groups that respond to the needs of local communities: The Constitution established an Australian-federal parliament. The 227 members of the Australian Parliament – 76 in the Senate and 151 in the House of Representatives – are responsible for passing federal legislation. Since the creation of the Federation, several decisions of the High Court of Australia have strengthened the legislative powers of the Federal Parliament. The High Court can resolve disagreements between the federal and state governments over their legislative powers. When a law is challenged – challenged – it is for the Supreme Court to decide whether the Constitution gives the competent parliament the power to enact the law. A law found unconstitutional by the High Court is then invalid – annulled. In 1997, the Federal Parliament passed legislation repealing the Terminally Ill (NT) Rights Act 1995, which legalised euthanasia in the Northern Territory. Territorial law allowed terminally ill patients to decide when they wanted to die. After a free vote, the federal Parliament passed the Euthanasia Laws Act of 1997.
As a result of this Act, the territories` self-government laws were amended to prevent territorial parliaments from enacting euthanasia laws. The principle of separation of powers is that the three powers of government should be held by separate bodies – legislative, executive and judicial – that can act as control mechanisms over each other to prevent oppressive government. State and territory legislatures enact laws that are enforced in their state or territory. In defining federal powers, the Australian Constitution reserved most other legislative powers to the states. This is called residual power. Although it is not included in articles 51 and 52 of the Constitution, it generally falls within the competence of the State. State laws refer to matters that are primarily of government interest, such as: Once a year, the treasurer hands over the budget to Parliament, explaining how the government will collect and spend that money. The government must obtain Parliament`s approval for its budget. To do this, it calls on Parliament to pass a series of bills called appropriation acts.
State/regional governments receive more than half of their money from the federal government and also collect taxes. The money is spent on government affairs such as roads, prisons, housing, public transport, police and emergency services. The way federal and state legislatures work together is sometimes referred to as the separation of powers. In 1983, the High Court ruled that the Federal Parliament, as part of its foreign policy powers, could legislate with respect to international treaties that Australia had signed. The Foreign Affairs Authority referred to in section 51(xxix) of the Constitution empowers the Federal Parliament to enter into international treaties and agreements on behalf of Australia. Table 1 provides a comparison of constitutional provisions and actual practice under the conventions that have applied in Australia. Performs the functions of the Head of State. Normally, in all areas, it acts in accordance with the recommendations of the Prime Minister and ministers.
Reserves the authority to act independently in the event of an emergency. There is no agreement on the scope and manner in which they should be exercised. How Australian governments collect and spend money. Some of the powers enumerated in § 51 are exclusive powers of the Federal Parliament; This means that only the federal Parliament can pass laws in these areas. Some powers are shared with the state and territory legislatures. These powers shall be deemed to be simultaneous. The exclusive powers of the Federal Parliament are also provided for in sections 52, 86, 90, 114, 115 and 122. Australians aged 18 and over elect representatives to federal, state and territory parliaments, as well as local councils, to make decisions on their behalf. This means that Australians have someone to represent them at all levels of government. Today, local authorities include municipal councils in urban centres and regional and district councils in rural areas.
On average, each council serves approximately 28,400 people. The largest city council by population is Brisbane City Council, which has a population of nearly 1.2 million. The Shire of East Pilbara in Western Australia is the largest area of local authority. Check out our poster for this fact sheet, Australia`s Three Levels of Government. Can prohibit an act of parliament (but this has never been done). In response, the federal and Queensland governments agreed to ban oil drilling in territorial waters under their control, and the federal parliament passed the Great Barrier Reef Marine Park Act 1975. This created a federal agency to expand and manage the new park in partnership with the Queensland Government. Parliament also empowers the executive government (often referred to simply as the government or executive) to spend public funds by approving government spending and tax proposals, reviews government administrative measures, and serves as a forum for public policy debate. Waiver – Each of the above conditions may be waived if you obtain permission from the copyright owner.
(Ministers must be appointed to the Federal Executive Council. Ministers must be members of the House of Representatives or senators, or become members within three months of their appointment). The office of Prime Minister is not recognized by the Constitution. Under the constitution, the states retained their own parliaments and most of their existing powers, but the federal parliament was given responsibility for matters that affected the nation as a whole.
