Appendix 5 - Sections of the Commonwealth Constitution referred to in the Report but not given in the body of the Report

Appendix 5 - Sections of the Commonwealth Constitution referred to in the Report but not given in the body of the Report

Section 51

The Constitution sets down in section 51 the legislative powers of the Commonwealth Parliament. It states, in part, that

The Parliament shall, subject to the Constitution, make laws for the peace, order, and good government of the Commonwealth with respect to—

  1. Trade and commerce with other countries, and among the States:
  2. Taxation; but so as not to discriminate between States or parts of States:
  3. Bounties on the production of export of goods, but so that such bounties shall be uniform throughout the Commonwealth:
  4. Borrowing money on the public credit of the Commonwealth:
  5. Postal, telegraphic, telephonic, and other like services:
  6. The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth:

...

  1. External affairs

...

  1. Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.

Section 52

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

  1. The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes:
  2. Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth:
  3. Other matters declared by this Constitution to be within the exclusive power of the Parliament.

Section 61

The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of the Constitution, and of the laws of the Commonwealth.

Section.68

The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen’s representative.

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