First Principles of Business Law

5.2.3. Legislative powers of federal parliament

The federal parliament has the power to make law because of certain provisions in the Commonwealth constitution and certain other statutes. But these provisions do not give the federal parliament a wide and generalised legislative power such as the state legislatures enjoy. The federal parliament was given legislative power only in relation to carefully specified matters. In a few matters, the federal parliament has exclusive power to legislate, so that the states have no competing power. Sections 52, 90 and 114 of the Commonwealth constitution are examples of sections which grant exclusive powers.

Other provisions of the Commonwealth constitution, notably s 51, give the federal parliament the power to legislate in a wider range of matters. But this power is shared with the state parliaments, who retain a concurrent (co-existing) power to make laws in relation to the same matters.

Question:  Is it true to say that although the federal parliament is only empowered to legislate in relation to the matters specified in the Commonwealth constitution, its laws operate throughout the Commonwealth of Australia?