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Australia's governance is defined by a written constitution that outlines the powers and functions of both the national parliament and the individual states and territories. The Australian Constitution, in effect since January 1, 1901, establishes a bicameral legislature, consisting of the House of Representatives and the Senate, with the role of the Governor-General as the monarch's representative. The Federal Parliament, located in Canberra, makes laws for the entire country, while six state and two territory parliaments create laws for their respective jurisdictions. The process of lawmaking begins with a bill, which must be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General to become a law.
| Characteristics | Values |
|---|---|
| Number of levels of government | 3 |
| Federal Parliament location | Canberra |
| Number of state parliaments | 6 |
| Number of territory parliaments | 2 |
| Number of members in Australian Parliament | 226 |
| Number of members in Senate | 76 |
| Number of members in House of Representatives | 150 |
| Number of areas over which federal Parliament has legislative power | 39 |
| Number of Australian states with their own constitution and parliament | 6 |
| Number of areas over which state parliaments can make laws | All except creating import/export taxes or armed defense forces |
| Number of sources of law in Victoria | 4 |
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What You'll Learn
The three levels of government
Australia has three levels of government that work together to provide services to the country's citizens. These are the federal, state/territory, and local council governments. Each level of government has its own responsibilities, although there are instances where these responsibilities are shared.
The federal level of government, also known as the Commonwealth Parliament, is located in Canberra, the nation's capital. It is responsible for making laws for the whole of Australia. The Australian Parliament consists of 76 members in the Senate and 150 in the House of Representatives, totalling 226 members responsible for making federal laws. Sections 51 and 52 of the Constitution outline the law-making powers of the federal Parliament. Section 51 lists 39 areas over which the federal Parliament has legislative power, including taxation, national defence, foreign affairs, international trade, and immigration policy. In cases where the federal and state parliaments pass conflicting laws on the same subject, the federal law takes precedence and overrides the state law, as outlined in Section 109 of the Constitution.
The second level of government is the state/territory level, consisting of six state parliaments and two territory parliaments, also known as legislative assemblies. These parliaments are located in the capital cities of each of the six states and two territories. Each state has its own constitution and parliament, and they make laws for their respective states or territories. Under Section 51 of the Constitution, state parliaments can refer matters to the federal Parliament, requesting them to make laws on issues that are typically state responsibilities. Any federal law made about such issues will only apply to the states that referred the matter or chose to adopt the law. It is important to note that state parliaments cannot create laws regarding import/export taxes or armed defence forces, as these are exclusive powers of the federal Parliament.
The third level of government is the local council level, with over 500 local councils making local laws (by-laws) for their respective regions or districts. These local councils are scattered throughout Australia and are responsible for collecting taxes and making various other local laws. They are considered lower than the federal and state legislatures.
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The role of the Australian Constitution
The Australian Constitution, also known as the Commonwealth Constitution, is the highest law in Australia. It is a written constitution that establishes the country as a federation under a constitutional monarchy governed by a parliamentary system. The Constitution was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
The Constitution sets out the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. It gives the Parliament the power to make laws on a range of topics, including both national and personal matters. For example, the Parliament can make laws on foreign affairs, defence, and taxes, as well as on unemployment benefits, marriage and divorce, pensions, and immigration. Through these powers, the federal government can provide various schemes and subsidies to benefit Australians.
The Constitution also ensures that no single group has too much power and that the ultimate power rests with the Australian people. If the federal government wants to change the Constitution, it must ask the Australian people through a referendum, requiring a "double majority" of voters to agree to the change. This means that a majority of all Australian voters, as well as a majority of voters in at least four states, need to vote yes.
The Constitution was written with the understanding that the country would change and evolve, and that the document might need to be amended over time. Certain sections of the Constitution, such as those pertaining to the salaries of politicians and judges, were written to be temporary until Parliament passed a relevant law. Additionally, the Constitution protects only a small and limited number of constitutional rights, and it does not include a bill of rights similar to that in the United States Constitution.
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The process of drafting a bill
After the bill has been drafted, it is introduced into Parliament. Most bills are first introduced into the House of Representatives, as money and taxation bills cannot be introduced into the Senate. The bill is then debated and scrutinised by both the Senate and the House of Representatives. This includes seeking feedback from Australians and ensuring that the bill meets Australia's human rights commitments. During this stage, amendments may be proposed and voted on, and the bill may go back and forth between the two houses until both agree on the final version.
Once the bill has passed both houses, it is then presented to the Governor-General for signature. The Governor-General is appointed by the monarch and plays a largely ceremonial role in the law-making process. However, their signature is required for a bill to become a law. Once the Governor-General has signed the bill, it receives Royal Assent and becomes an Act of Parliament. The new law comes into effect on the date specified in the legislation or, if no date is given, 28 days after Royal Assent.
It is important to note that Australia has three levels of government that can make laws: the federal Parliament, state/territory parliaments, and local councils. The federal Parliament makes laws for the whole of Australia, while state/territory parliaments make laws for their respective states or territories. Local councils create by-laws for their specific regions or districts. Additionally, the Australian Constitution outlines the areas over which the federal Parliament has legislative power, and state parliaments can refer matters to the federal Parliament in certain circumstances.
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Scrutinising and investigating bills
The Australian Parliament, comprising the Senate and the House of Representatives, plays a crucial role in scrutinising and investigating bills. The Parliament can establish parliamentary committees to examine current issues and propose bills for addressing them. These committees provide a platform for community engagement and allow interested parties, such as community groups, businesses, or lobby groups, to suggest improvements or changes to existing laws.
The Parliament is responsible for introducing bills that reflect their ideas for governing the country. Most bills are first introduced in the House of Representatives, as money and taxation bills cannot be introduced in the Senate. Government ministers typically introduce these bills, but other members of parliament can also propose their own private members' or private senators' bills.
The federal Parliament makes laws for the entire country, while state and territory parliaments create legislation for their respective states or territories. In cases of conflicting laws, the federal Parliament's legislation takes precedence, as outlined in Section 109 of the Constitution. Additionally, the Constitution grants the federal Parliament law-making powers in specific areas, as detailed in Sections 51 and 52.
The Australian Constitution serves as the foundation for law-making in the country. It outlines the national issues on which Parliament may legislate, including taxation, national defence, foreign affairs, international trade, and immigration policy. The Constitution can only be amended through a nationwide referendum or a vote by the people. This democratic process ensures that any changes to the fundamental laws of the country reflect the will of the Australian people.
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Federal law vs state law
Australia has a federal system of government, which means power is shared between the federal and state governments. There are three levels of government in Australia: federal, state/territory, and local councils. The federal parliament, located in Canberra, the nation's capital, makes laws for the whole of Australia. Six state parliaments and two territory parliaments make laws for their respective states or territories. Over 500 local councils make local laws (by-laws) for their specific regions or districts.
The process of making a federal law in Australia involves the following steps: Ideas for new laws can come from various sources, including government departments, community groups, business groups, or lobby groups. A government department may identify a problem that needs to be addressed through legislation. The relevant minister will then request the preparation of a bill to address the issue. Most bills are introduced by government ministers, but other members of parliament can also introduce private members' or private senators' bills.
Once a bill is introduced, it undergoes scrutiny and close examination by parliament. Senate and House committees investigate the bill, seek feedback from Australians, and make recommendations. All bills introduced into parliament are reviewed by the Joint Committee on Human Rights to ensure they comply with Australia's human rights commitments. The bill must then be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General to become a law.
In some cases, conflicts may arise between federal and state laws. According to Section 109 of the Australian Constitution, if a state parliament and the federal parliament pass conflicting laws on the same subject, the federal law takes precedence and overrides the state law. This provision ensures that there is a consistent framework of laws across Australia, particularly in areas that impact the entire nation. However, it is important to note that state parliaments can refer matters to the federal parliament, requesting them to make laws on issues that are typically state responsibilities. This collaborative process allows for a balanced division of powers between the federal and state governments in Australia.
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Frequently asked questions
A bill must be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General. The bill is a written proposal for a new law or a change to an existing law.
Ideas for bills can come from government departments, community groups, business groups, lobby groups, or political parties.
Senate and House committees investigate the bill, seek feedback from Australians, and make recommendations. All bills are checked by the Joint Committee on Human Rights to ensure they meet Australia's human rights commitments.
Australia has three levels of government. The federal Parliament makes laws for the whole of Australia. Six state parliaments and two territory parliaments make laws for their state or territory. Over 500 local councils make local laws (by-laws) for their region or district.
The Australian Constitution outlines the national issues on which the federal Parliament may legislate. These include taxation, national defense, foreign affairs, international trade, and immigration policy.
