Chronology of Australian federalism

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Chronology of Australian federalism

Scott Bennett
Richard Webb

3 May 2007

This Chronology is issued electronically. It will be kept up-to-date online. The date of the latest update is noted clearly above.

The Australian federal system, established in 1901, is one of the oldest functioning federal systems in the world. It grew out of a political culture in which separate colonies operated as independent units and was an integral part of the Federation deal between the colonies. However, in recent years the system has come under increasing criticism as being outdated and indeed harmful to Australia s future. This chronology traces the main points in our federal system s story.

Contents

Introduction

Chronology of Australian Federalism

Appendix 1: Constitutional Provisions

Legislative powers of the Parliament
Exclusive powers of the Parliament
Powers of the Houses in respect of legislation
Consolidated Revenue Fund
Money to be appropriated by law
Transfer of property of State
Uniform duties of customs
Payment to States before uniform duties
Exclusive power over customs, excise and bounties
Exceptions as to bounties
Trade within the Commonwealth to be free
Payment to States for five years after uniform tariffs
Distribution of surplus
Financial assistance to States
Commonwealth not to give preference
Taking over of public debts of States
Agreements with respect to State debts
Inconsistency of laws
Taxation of property of Commonwealth or State
Rights of residents in States

Appendix 2: Parliamentary Library papers on Australian federalism

Introduction

The Australian federal union, which came into being in 1901, is one of the oldest federations in the world. The establishment of the Australian model was not a matter of chance, for the drafters of Australia s Constitution were used to a governmental arrangement in which the colonial parliaments were sovereign and held a great deal of power. Those who attended the Federation Conventions of the 1890s were influenced by this, and they were determined to ensure that their home colonies retained a governmental structure possessing significant legislative powers.

The future of the Australian federal system is today a matter of intense debate and speculation. The Parliamentary Library has recently published a research paper which outlines the background of the federal system and discusses its future. This chronology aims to trace the history and development of the main aspects of the Australian federal system and is intended to complement the Library s research paper and to enable readers to understand why the system looks and performs as it does today.

An appendix sets out the pertinent sections of the Australian Constitution and provides a list of relevant papers published by the Parliamentary Library.

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Chronology of Australian Federalism

Milestones

Details

Source Documents

1786 7

Captain Arthur Phillip receives commissions for the establishment and the government of the colony of New South Wales. The second commission (2 April 1787) confers on Phillip a similar constitutional position to that held by governors in the American colonies.

Historical Records of Australia, series I, vol. 1 8

1788

Formal proclamation of the colony of New South Wales (7 February).

C. M. H. Clark, Select Documents in Australian History 1799 1850, 46

1825

Van Diemen s Land is separated from New South Wales by proclamation.

Historical Records of Australia, series III, vol. IV, 304 6

1829

Government is established in Western Australia.

An Act to provide for the government of Western Australia 1829 (UK)

1834

Government is established in South Australia.

South Australian Colonization Act 1834 (UK)

1850

Port Phillip district is separated from New South Wales.

Australian Constitutions Act 1850 (UK)

1854

Responsible government is established in Tasmania.

Constitution Act 1854 (Tas)

1855

Responsible government is established in New South Wales.

Constitution Act 1855 (NSW)

 

Responsible government is established in Victoria.

Constitution Act 1855 (Vic)

1856

Responsible government is established in South Australia.

Constitution Act 1856 (SA)

1859

Queensland is separated from New South Wales; responsible government is established.

Letters Patent erecting Moreton Bay into a Colony, under the name of Queensland 1859

Order in Council empowering the governor of Queensland to make laws, and to provide for the Administration of Justice

1863

The Crown annexes to South Australia that part of New South Wales that eventually is to become the Northern Territory.

Letters Patent

1863

The first of many 19th Century inter-colonial conferences is held in Melbourne in March April, and a number of common problems are discussed, including tariffs, convict transportation, immigration and communications. Queensland and Western Australia do not attend.

Minutes of the Inter-Colonial Conference, held in Melbourne in the months of March and April 1863

1883

An intercolonial convention held in Sydney proposes the establishment of a Federal Council of Australasia with legislative authority over several matters including:

  • relations with Pacific islands
  • prevention of the influx of criminals
  • fisheries beyond territorial limits
  • enforcement of court judgments beyond colonial boundaries
  • enforcement of criminal process beyond colonial boundaries
  • other matters including defence, quarantine, patents weights and measures, recognition of marriage and divorce beyond colonial boundaries.

Australasian Convention, 1883, Report of the proceedings November and December, 1883

1885

The Federal Council of Australasia is established. It is an intercolonial body with limited legislative power which meets intermittently between 1886 and 1899; New South Wales never joins the Council.

Act to Constitute a Federal Council of Australasia 1885 (UK)

Act to bring into operation Act of Imperial Parliament 1885 (Vic)

Federal Council (Adopting) Act 1885 (Qld)

Federal Council (Adopting) Act 1885 (WA)

The (Tasmanian) Federal Council Act 1885 (Tas)

Federal Council Adopting Act 1888 (SA)

1890

Responsible government is established in Western Australia.

Western Australia Constitution Act 1890 (UK)

1890

A Federation conference is held Melbourne.

Official Record of the Proceedings and Debates of the Australasian Federation Conference 1890

1891

The National Australasian Convention, Sydney, drafts a constitution, but this is not ratified.

Official Record of the National Australasian Convention Debates 1891

1897 8

The Australasian Federal Convention meets in Adelaide, Sydney and Melbourne, using the work of the 1891 Convention in drafting an Australian Constitution.

Offical Record of the Australasian Federal Convention Debates 1987, 1898

1899

The so-called Secret Premiers Conference makes changes to the draft Constitution.

 

1901

The Constitution of the Commonwealth of Australia which established a federal structure of government takes effect when the Commonwealth of Australia is inaugurated on 1 January.

Various parts of the Constitution indicate its federal nature:

  • section 51 specifies the powers of the Commonwealth, with the residue remaining the responsibility of the States
  • Chapter IV (sections 81 105) is designed to protect the financial position of the States.

Commonwealth of Australia Constitution Act 1900 (UK)

1903

The High Court of Australia is established in accordance with Chapter III of the Constitution.

Judiciary Act 1903 (Cwlth)

1904

The federal system of conciliation and arbitration is established, featuring the Commonwealth Court of Conciliation and Arbitration.

Commonwealth Conciliation and Arbitration Act 1904

1908

Legislation permits the Commonwealth to pay all surplus revenue into trust accounts (initially to finance pensions), thus undermining section 94 of the Constitution. This was upheld by the High Court.

The legislation also terminates the reimbursement of the majority of customs and excise duties to the States as provided for under section 87 of the Constitution.

Surplus Revenue Act 1908 (Cwlth)

New South Wales v Commonwealth (1908) 7 CLR 179

1910

A constitutional amendment is carried giving the Commonwealth unrestricted power to take over State debts.

Constitution Alteration (State Debts) Act 1909 (Cwlth)

1910

The reimbursement of customs and excise revenues to the States, as provided in section 87, of the Constitution is ended.

This is replaced by the first regularised scheme of Commonwealth grants to states (25 shillings per capita).

Surplus Revenue Act 1910 (Cwlth)

1910

The imposition of land tax is the first Commonwealth move to share an important State tax base.

Land Tax Assessment Act 1910 (Cwlth)

1911

The Northern Territory is surrendered to the Commonwealth by South Australia and becomes subject to Commonwealth governance.

Northern Territory Surrender Act 1907 (SA)

Northern Territory Acceptance Act 1910 (Cwlth)

Northern Territory (Admin) Act 1910 (Cwlth)

1911

The Federal Capital Territory is separated from New South Wales.

Seat of Government Acceptance Act 1909 (Cwlth)

Seat of Government (Admin) Act 1910 (Cwlth)

1913

The Inter-State Commission, as provided for in sections 101 and 103 of Constitution, is established to regulate interstate commerce and trade and to arbitrate in disputes between the states.

Inter-State Commission Act 1912(Cwlth)

1914

The Commonwealth begins to levy estate duties.

Estate Duty Assessment Act 1914 (Cwlth)

1915

The Commonwealth enters the field of income taxation.

Income Tax Assessment Act 1915 (Cwlth)

1915

High Court holds that the Inter-State Commission cannot be constituted as a court and therefore cannot act as a court.

New South Wales v Commonwealth(1915) 20 CLR 54

1920

The High Court overturns the principles underpinning early High Court cases dealing with intergovernmental relations, wherein the Court had attempted to preserve the clear distinction between Commonwealth and State powers. The Court now holds that the Commonwealth is entitled to exercise its legislative power to the fullest extent necessary, thus expanding the potential reach of its power irrespective of the existence of State powers.

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 (the Engineers Case)

1920

The Inter-State Commission is allowed to lapse by a failure by government to replace retiring members.

 

1923

The Commonwealth uses section 96 of the Constitution to make the first specific purpose grants to the States. These are for the building of roads.

Main Roads Development Act 1923 (Cwlth)

1926

The High Court confirms that specific purpose payments from the Commonwealth to the States can be directed to areas of government responsibility that are not included in formal Commonwealth responsibilities.

Victoria v Commonwealth (1926) 38 CLP 399 (Roads Case)

1927

The Financial Agreement between the Commonwealth and the States establishes the Loan Council, designed to bring governmental borrowing under central control.

A new arrangement for grants to the States is put in place with debt assistance payments replacing the per capita grants.

Financial Agreement Act 1928 (Cwlth)

1927 29

The Royal Commission on the Constitution investigates various matters relating to the Constitution:

  • powers of the Commonwealth
  • working of the Constitution since Federation
  • possible changes to the Constitution, and
  • a number of specific matters including aviation, company law and health.

The Royal Commission recommends an increase in Commonwealth powers.

Report of the Royal Commission on the Constitution, 1929

1928

A constitutional amendment is carried giving constitutional validity to the Loan Council.

Constitution Alteration (State Debts) Act 1928 (Cwlth)

1932

NSW Premier Lang is dismissed by the Governor on the grounds he broke Commonwealth law in ignoring Commonwealth Proclamation No. 42 of 1932, which specified that NSW public servants were to pay State revenue from certain taxes to the Commonwealth rather than the State.

Governor Game to Lang, 13 May 1932 in B. Foott, Dismissal of a Premier, 210

1933

The Commonwealth Grants Commission is established to advise the Commonwealth Government on state applications for special financial assistance.

Commonwealth Grants Commission Act 1933 (Cwlth)

1934

A conference of Commonwealth and state ministers meets at Melbourne to discuss aspects of the federal system.

Conference of Commonwealth and State Ministers on Constitutional Matters 1934

1942

A convention of Commonwealth and state representatives discusses the question of giving the Commonwealth Parliament extra powers in relation to the matter of post-war reconstruction.

Convention of Representatives of the Commonwealth and State Parliaments on Proposed Alteration of the Commonwealth Constitution. Record of Proceedings.

1942

Commonwealth legislation establishes the Commonwealth's effective monopoly over income taxation. This is confirmed in the First Uniform Tax Case. The Commonwealth reimburses the States through annual tax reimbursement grants.

Income Tax (Wartime Arrangements Act 1942 (Cwlth)

Income Tax Assessment Act 1942 (Cwlth)

States Grants (Income Tax Reimbursement) Act 1942 (Cwlth)

1942

The High Court says that the uniform taxation legislation is a valid use of Commonwealth power.

South Australia v Commonwealth (1942) 65 CLR 373 (First Uniform Tax Case)

1945

The Commonwealth establishes the Universities Commission and Commonwealth Office of Education, the latter to advise the Minister concerning the grant of financial assistance to the States and to other authorities for educational purposes .

Education Act 1945 (Cwlth)

1946

The Commonwealth legislates for uniform income tax arrangements to continue indefinitely.

Income Tax (War-time Arrangements) Act 1946

1946

A constitutional amendment is carried giving the Commonwealth power to make special laws with respect to certain social services.

Constitution Alteration (Social Services) Act 1946 (Cwlth)

1957

The Commonwealth monopoly over income taxation remains in place, despite a second State challenge.

Victoria v Commonwealth (1957) 99 CLR 575 (Second Uniform Tax Case)

1959

The Commonwealth replaces tax reimbursement grants to the States with financial assistance grants.

 

1967

A constitutional amendment is carried giving the Commonwealth power to make special laws with respect to Aborigines living in the States and to include indigenous peoples in the national census.

Constitution Alteration (Aboriginals) Act 1967 (Cwlth)

1968

Limits are placed upon the matters which can be appealed from the High Court to the Privy Council, and appeals to the Privy Council from other federal courts and territory supreme courts are abolished.

Privy Council (Limitation of Appeals) Act 1968 (Cwlth)

1971

As a consequence of a High Court decision, the Commonwealth gains power to control a substantial part of internal Australian trade when conducted by corporations.

Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468

1973

Victoria calls upon other governments to join in a constitutional convention to consider problems of Australian federalism.

Australian Constitutional Convention, Sydney session.

Proceedings of the Australian Constitutional Convention 1973

1974 75

The first payment is made of Commonwealth general revenue assistance to local government.

Grants Commission Act 1973 (Cwlth)

1975

The High Court confirms that sovereign rights over territorial seas and the continental shelf are vested in the Commonwealth.

New South Wales v Commonwealth (1975) 135 CLR 337

1975

Australian Constitutional Convention, Melbourne session.

Proceedings of the Australian Constitutional Convention 1975

1975

Legislation is passed for the re-creation of the Inter-State Commission.

Inter-State Commission Act 1975 (Cwlth)

1976

The Commonwealth replaces general revenue grants to the States and local government with personal income tax sharing grants.

States (Personal Income Tax Sharing) Act 1976 (Cwlth)

Local Government (Personal Income Tax Sharing) Act 1976 (Cwlth)

1976

Australian Constitutional Convention, Hobart session.

Proceedings of the Australian Constitutional Convention 1976

1976

The Advisory Council on Inter-Government Relations is established with aim of improving co-ordination between the Commonwealth, State and local governments. It is located in Hobart.

Debates, H of R, 23 Sept 1976

1977

Australian Capital Territory and Northern Territory residents gain the right to vote in constitutional referenda.

Constitution Alteration (Referendums) 1977

1978

The Commonwealth legislates for a limited re-entry by the States into the field of income taxation. No State moves to do so.

Income Tax (Arrangements with the States) Act 1978 (Cwlth)

1978

Self-government is established in the Northern Territory.

Northern Territory (Self-Government) Act 1978 (Cwlth)

1983

The High Court states that, subject to constitutional limitations, the external affairs power in the Constitution gives the Commonwealth power to legislate on a matter of international concern whether or not Australia is a party to a treaty on that matter.

Commonwealth v Tasmania (1983) 158 CLR 1 (Tasmanian Dam Case)

1983

Australian Constitutional Convention, Adelaide session.

Proceedings of the Australian Constitutional Convention 1983

1983

The Inter-State Commission is re-established.

Inter-State Commission Amendment Act 1983 (Cwlth)

1985

Australian Constitutional Convention, Brisbane session.

Proceedings of the Australian Constitutional Convention 1985

1986

A major step in Australia s attaining independence from the United Kingdom is taken:

  • the Australian States and the Commonwealth confirm their sovereign, independent status from Britain
  • Britain can no longer legislate for any part of Australia
  • all Privy Council appeals from Australian courts other than the High Court are ended, although it remains theoretically possible for some appeals to be taken under s.74 of the Constitution
  • State governors are not representatives of the British Government, and
  • States can now legislate to repeal or amend any UK legislation extending to them.

Australia Act 1986 (Cwlth), Australia Act 1986 (UK)

1986

The Advisory Council on Inter-Government Relations is abolished.

 

1985-88

A Constitutional Commission inquires into and reports on the possible revision of the Australian Constitution.

Final Report of the Constitutional Commission 1988

1988

Self-government is established in the Australian Capital Territory.

Australian Capital Territory (Self-Government) Act 1988 (Cwlth)

1989

The Inter-State Commission is abolished for the second time.

 

1992

The Council of Australian Governments is established as the peak inter-governmental forum.

 

1997

State excise/franchise tax regimes are struck down.

Ha v New South Wales (1997) 189 CLR 465

1998

A Northern Territory Statehood referendum is held but statehood is rejected by voters.

Referendums Act 1998 (NT)

1999 2000

A goods and services tax is introduced.

A New Tax System (Goods and Services Tax) 1999 (Cwlth)

1999 2000

From 1 July 2000, the Commonwealth provides to the States revenue from the goods and services tax under the Intergovernmental Agreement on the Reform of Commonwealth State Financial Relations, replacing financial assistance grants and other general purpose grants.

A New Tax System (Commonwealth State Financial Arrangements) Act 1999 (Cwlth)

2006

The High Court gives broad construction to Commonwealth corporations power, a decision with implications for many areas of government. This is seen as creating an opportunity for reform of Australia s federal system of government.

New South Wales v Commonwealth of Australia; Western Australia v Commonwealth of Australia [2006] HCA 52

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Appendix 1: Constitutional Provisions

There are a number of sections of the Constitution which have had an important bearing on the moulding of current Federal-State relations, especially financial relations. These include:

Legislative powers of the Parliament

51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to:

(i) trade and commerce with other countries and among the States.

(ii) taxation; but so as not to discriminate between States or parts of States.

(iii) bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth.

(iv) borrowing money on the public credit of the Commonwealth.

(xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth.

(xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances.

(xxix) external affairs.

(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws.

(xxxvii) matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law.

Exclusive powers of the Parliament

52. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order and good government of the Commonwealth with respect to:

(i) the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes.

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Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate...

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people...

Consolidated Revenue Fund

81. All revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution.

Money to be appropriated by law

83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

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Transfer of property of State

86. On the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive government of the Commonwealth.

87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Commonwealth otherwise provides, of the net revenue of the Commonwealth from duties of customs and excise not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure.

The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.

Uniform duties of customs

88. Uniform duties of customs shall be imposed within two years after the esta

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Payment to States before uniform duties

89. Until the imposition of uniform duties of customs:

(i) The Commonwealth shall credit to each State the revenues collected therein by the Commonwealth.

(ii) The Commonwealth shall debit to each State-

(a) the expenditure therein of the Commonwealth incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred from the State to the Commonwealth.

(b) the proportion of the State, according to the number of its people, in the other expenditure of the Commonwealth.

(iii) The Commonwealth shall pay to each State month by month the balance (if any) in favour of the State.

Exclusive power over customs, excise and bounties

90. On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and excise, and to grant bounties on the production or export of goods, shall become exclusive.

On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety eight, and not otherwise.

Exceptions as to bounties

91. Nothing in this Constitution prohibits a State from granting any aid to or bounty on mining for gold, silver, or other metals, nor from granting, with the consent of both Houses of the Parliament of the Commonwealth expressed by resolution, any aid to or bounty on the production or export of goods.

Trade within the Commonwealth to be free

92. On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.

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Payment to States for five years after uniform tariffs

93. During the first five years after the imposition of uniform duties of customs, and thereafter until the Parliament otherwise provides:

(i) the duties of customs chargeable on goods imported into a State and afterwards passing into another State for consumption, and the duties of excise paid on goods produced or manufactured in a State and afterwards passing into another State for consumption, shall be taken to have been collected not in the former but in the latter State.

(ii) subject to the last subsection, the Commonwealth shall credit revenue, debit expenditure, and pay balances to the several States as prescribed for the period preceding the imposition of uniform duties of customs.

Distribution of surplus

94. After five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all the surplus revenue of the Commonwealth.

Financial assistance to States

96. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.

Commonwealth not to give preference

99. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.

Taking over of public debts of States

105. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth*, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.

[* deleted by referendum in 1910].

Agreements with respect to State debts

105A. (1) The Commonwealth may make agreements with the States with respect to the public debts of the States, including:

(a) the taking over of such debts by the Commonwealth.

(b) the management of such debts.

(c) the payment of interest and the provision and management of sinking funds in respect of such debts.

(d) the consolidation, renewal, conversion, and redemption of such debts.

(e) the indemnification of the Commonwealth by the States in respect of debts taken over by the Commonwealth.

(f) the borrowing of money by the States or by the Commonwealth, or by the Commonwealth for the States.

(2) The Parliament may make laws for validating any such agreement made before the commencement of this section.

(3) The Parliament may make laws for the carrying out by the parties thereto of any such agreement.

(4) Any such agreement may be varied or rescinded by the parties thereto.

(5) Every such agreement and any such variation thereof shall be binding upon the Commonwealth and the States parties thereto notwithstanding anything contained in this Constitution or the Constitution of the several States or in any law of the Parliament of the Commonwealth or of any State.

(6) The powers conferred by this section shall not be construed as being limited in any way by the provisions of section one hundred and five of this Constitution.

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Inconsistency of laws

109. 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.

Taxation of property of Commonwealth or State

114. A State shall not, without the consent of the Parliament of the Commonwealth, impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

Rights of residents in States

117. A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

Appendix 2: Parliamentary Library papers on Australian federalism

Scott Bennett, The politics of constitutional amendment , Research Paper, no. 11, 2002 03, http://www.aph.gov.au/library/pubs/rp/2002-03/03RP11.htm

Scott Bennett, The politics of the Australian federal system , Research Brief, no. 4, 2006 07, http://www.aph.gov.au/library/pubs/rb/2006-07/07rb04.pdf

Luke Buckmaster and Angela Pratt, Not on my account! Cost-shifting in the Australian health system , Research Note, no. 6, 2005 06, http://www.aph.gov.au/library/pubs/rn/2005-06/06rn06.htm

Brian Galligan, Parliament s Development of Federalism , Research Paper, no. 26, 2000 01, http://www.aph.gov.au/library/pubs/rp/2000-01/01RP26.htm

John Gardiner-Garden, Commonwealth expenditure on Indigenous affairs 1968 2004 , Research Note, no. 18, 2004 05, http://www.aph.gov.au/library/pubs/rn/2004-05/05rn18.htm,

Marilyn Harrington, Commonwealth funding for schools since 1996: an update , Research Note, no. 41, 2003 04, http://www.aph.gov.au/library/pubs/rn/2003-04/04rn41.htm

Denis James, Federal-state financial relations: the Deakin prophecy , Research Paper, no. 17, 1999 2000, http://www.aph.gov.au/library/pubs/rp/1999-2000/2000rp17.htm

Greg McIntosh, Caring for the kids. Commonwealth funding for child care , Research Note, no. 18, 2003 04, http://www.aph.gov.au/library/pubs/rn/2003-04/04rn18.htm

Greg McIntosh, The changing face of public housing , Research Note, no. 24, 1999 2000, http://www.aph.gov.au/library/pubs/rn/1999-2000/2000rn24.htm

Greg McIntosh, Child care support what do families get? , Research Note, no. 11, 2006 07, http://www.aph.gov.au/library/pubs/rn/2006-07/07rn11.pdf .

Greg McIntosh and Janet Phillips, The Commonwealth-state Housing Agreement , E-Brief, 2001, http://www.aph.gov.au/library/intguide/sp/statehouseagree.htm

Peter Prince and Thomas John, The Constitution and industrial relations: is a unitary system achievable? , Research Brief, no. 8, 2005 06, http://www.aph.gov.au/library/pubs/rb/2005-06/06rb08.pdf

Saunders, Cheryl, The Parliament as partner: A century of Constitutional review , Research Paper, no. 3, 2000 01, http://www.aph.gov.au/library/pubs/rp/2000-01/01RP03.htm

Ann Twomey, Federal Parliament s changing role in treaty making and external affairs , Research Note, no. 15, 1999 2000, http://www.aph.gov.au/library/pubs/rp/1999-2000/2000rp15.htm

Richard Webb, Commonwealth general purpose financial assistance to local government , Research Paper, no.1, 2003-04, http://www.aph.gov.au/library/pubs/rp/2003-04/04RP01.htm

Richard Webb, The Commonwealth Government s role in infrastructure provision , Research Paper, no. 8, 2003 04, http://www.aph.gov.au/library/pubs/rp/2003-04/04rp08.htm

Richard Webb, Commonwealth road funding since 1990 , (updated 1 March 2004), Research Paper, no. 7, 2003 04, http://www.aph.gov.au/library/pubs/rp/2003-04/04rp07.htm

Richard Webb, Developments in Commonwealth-state financial relations since 2000-01 , Research Brief, no. 11, 2005 06, http://www.aph.gov.au/library/pubs/rb/2005-06/06rb11.htm

Richard Webb, Horizontal fiscal equalisation , Research Note, no. 1, 2002 03, http://www.aph.gov.au/Library/pubs/rn/2002-03/03rn01.htm

Richard Webb, Public finance and vertical fiscal imbalance , Research Note, no. 13, 2002 03, http://www.aph.gov.au/Library/pubs/SearchResults.asp

Richard Webb, The Australian loan Council , Research Note, no. 43, 2001 02, http://www.aph.gov.au/library/pubs/rn/2001-02/02rn43.pdf

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