First Principles of Business Law

Government and law in Australia
5.2. Legislatures

5.2.2. Legislative powers of state parliaments

 

 

 

All six state legislatures have the power to make laws, given to them by their various state constitutions. The provisions are very wide, empowering the state legislatures to enact laws on any matter whatsoever.

However, there are some limits on state legislative power. Firstly, laws enacted by a particular state legislature generally only operate within the borders of that state. Secondly, when joining in the Commonwealth, the states gave certain powers exclusively to the federal parliament and so cannot legislate on those matters any longer. Thirdly, when joining in the Commonwealth, the state governments agreed to share some of their other legislative power with the federal parliament and so have a 'concurrent' power in relation to those matters, not an exclusive one.

Click here for two examples of the relevant constitutional provisions.

Question:  Is it true to say that laws enacted by a legislature are properly referred to as either legislation, Acts or statutes?

 

 

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