Section 51(xii) Of The Constitution Of Australia
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Section 51(xii) Of The Constitution Of Australia
Section 51 (xii): is a subsection of Section 51 of the Constitution of Australia, that gives the Commonwealth Parliament the right to legislate with respect to “currency, coinage, and legal tender.” Generally, powers in section 51 of the Constitution of Australia Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliam ... can also be legislated on by the states, although Commonwealth law will prevail in cases of inconsistency. However, the currency power must be read in conjunction with other parts of the Constitution of Australia. Section 115 of the Constitution establishes “a state shall not coin money, nor make anything but gold or silver coin a legal tender in the payment of debts”. This section effectively makes the concurrent power in section 51(xii) exclusive to the Common ...
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Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Comm ...
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