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    PowerPoint slides to accompany Law and Business, Fourth Edition, by Tony Ciro, Vivien Goldwasser and Reeta Verma

    These slides include the main figures and tables from Law and Business, Fourth Edition, and are made available for teaching use only to those using the book as a text in their courses. Users are free to copy and modify the material as needed for teaching purposes (e.g. incorporating them into lecture notes/slides or student handouts), provided that the author is acknowledged. The slides can be placed on university-controlled unit or subject-related websites (that are password protected), as long as these are restricted to student use and not accessible to the public at large. Permission from the publisher should be sought to use the slides in any other manner.

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    Law and Business
    Fourth Edition
    Tony Ciro
    Vivien Goldwasser
    Reeta Verma

    Chapter 2
    The Australian Constitution
    •Australia is a federation (federation can be described as a political and economic union of the states and the Commonwealth).
    •Federation was created by the Commonwealth of Australia Act 1900 (UK). Australia became a federation in 1901.
    •The Australian Constitution is a legal document that established a federation of the Australian colonies.

    •Division of powers between the Commonwealth and state parliaments
    •Exclusive powers (powers exclusive to the Commonwealth Parliament, i.e. ss. 90, 114, 121, 122);
    •Concurrent powers (powers exercised both by the Commonwealth and the states, s. 51);
    •Residual powers (powers left over to states, i.e. bulk of state-based statute law)

    •Section 109 of the Constitution
    •When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of inconsistency, be invalid.
    •In the Tasmanian Dam case, Gordon River Hydro-Electric Power Development Act 1982 (Tas) was declared invalid because of the existence of the World Heritage Properties Conservation Act 1983 (Cth).

    •Amending the Australian Constitution
    Section 128
    •Section 128 of the Australian Constitution states that it can be changed provided all the following requirements are met.
    The proposed amendment must be:
    •Passed by over 50% (an absolute majority) of all elected members in both houses of Parliament; and
    •Put to a referendum of all Australian voters within 2 to 6 months after the absolute majority vote; and
    •Approved by a majority of voters and by a majority of voters in a majority of states; and
    •Given Royal Assent by the Governor-General on behalf of the Queen.
    •Arms of government
    •Separation of powers
    •The doctrine of separation of powers states that the three arms of government (legislative, executive and judicial) should be kept separate and independent of each other:
    –The legislative arm makes laws.
    –The executive arm administers laws.
    –The judicial arm interprets laws.
    •The Commonwealth Constitution can be amended only following the stringent procedure set out under s 128.