7. Australian Legislation
The legislative powers of the Commonwealth, States and Territories are set out in the Constitution. In s. 51 of the Constitution the Commonwealth Parliament is invested with power to make laws with regard to tax; immigration; international and inter State trade; foreign affairs; defence; insurance; marriage and divorce; currency and weights and measures; post and telecommunications; and invalid and old age pensions. Exclusive powers to legislate reside with the Commonwealth as set out in ss. 52 and 90 of the Constitution. The Australian States and Territories retain legislative powers in areas not listed under the above sections such as local government, roads, hospitals and schools.
The legislative powers of the Houses in the Commonwealth Parliament, the Senate and the House of Representatives, are set out in s. 53 of the Constitution which states, "Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate". Section 53 also states that the Senate may not amend certain money bills or bills imposing taxation. The Senate cannot amend bills "so as to increase any proposed charge or burden on the people", it may only send back bills to the House requesting for an amendment to be made.
Should there be conflict between a Commonwealth Act and State or Territory Act s.109 provides that the Commonwealth Act will prevail.
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