Local councils are not mentioned in the Australian Constitution, although each state has a local government Act - law - that provides the rules for the creation and operation of councils. While these Acts vary from state to state, in general they cover how councils are elected and their power to make and enforce local laws, known as by-laws. A by-law is a form of delegated legislation because the state government delegates - gives - to councils the authority to make laws on specific matters.
As councils derive their powers from state parliaments, council by-laws may be overruled by state laws. The law-making powers of local government. How governments in Australia raise and spend money. The federal government raises money through taxing incomes, spending and businesses. The money is spent on federal matters such as: Medicare, defence, immigration, foreign policy.
The money is spent on state matters such as: roads, prisons, housing, public transport, police and ambulance services. Local councils collect taxes rates from all local property owners and receives money from the federal and state governments.
The money is spent on local matters such as: town planning, rubbish collection, water and sewage, dog registration and local roads. The federal executive - the Prime Minister and ministers - is the main decision-making body of the Australian Government and is responsible for putting federal laws into action. It also makes sure laws provide Australians with the services they need. If a minister needs to introduce a new law or change an existing one, they must first get the approval of the federal executive.
The minister then works with their government department to prepare the bill - proposed law - before it is considered by the Parliament. The executive government needs money to put laws into action. It raises money by collecting taxes on incomes and company profits, and through other charges such as fuel excise and customs duties. Once a year the Treasurer delivers the Budget to Parliament, which explains how the government will raise and spend this money.
The government must gain approval for its Budget from Parliament. It does this by asking Parliament to pass a series of bills called Appropriation Bills. Ministers manage the share of the Budget that has been given to the department they are responsible for. They use this money to administer the laws and programs that fall within their portfolio.
The executive government also gives revenue - money - collected through the tax on goods and services GST to the states and territories to help fund their delivery of services. States and territories also have executive governments; there are 6 state and 2 territory executive governments. State executive governments are made up of a premier and state ministers.
Territory executive governments are made up of a chief minister and territory ministers. These ministers are elected members of the state or territory parliament, and come from the party or coalition of parties that forms government in the lower house. State and territory executives decide on policy and new laws, including how to put state or territory laws into action. State and territory executive governments get about half their money, including their share of the goods and services tax GST , from the federal executive government.
They also raise money from taxes and charges such as:. The states and territories spend this money to manage laws and to provide goods and services to the people of their state or territory. State and territory ministers, like federal ministers, manage the budget given to the government department they are responsible for.
Elected councillors decide on policy and make by-laws for their community at council meetings. These decisions are then administered - put in place - by the chief executive officer and other non-elected employees of the council. Local governments receive part of their income in grants from federal, state and territory executive governments. Councils also raise their own money from local taxes such as rates - tax on the value of property - sewerage and water charges, dog licences and user fees for sporting facilities and libraries.
Since federation some rulings made by the High Court of Australia have strengthened the law-making powers of the federal Parliament. The High Court can resolve disagreements between the federal and state governments over their law-making powers. If a law is contested - challenged - it is up to the High Court to determine whether the Constitution gives the relevant parliament the power to make this law. A law judged by the High Court to be unconstitutional is then invalid - over-ruled.
The states' reliance on federal government funding to pay for activities such as schools and hospitals has also shifted the federal-state balance. Federal funding grants make up about half of the states' total revenue. Under section 96 of the Constitution, the federal Parliament can 'grant financial assistance to any State on such terms and conditions as Parliament thinks fit'. This allows the federal government to give 'tied' grants to state governments, directing the state government on how to spend the money.
The federal government can then influence the way things are done in areas such as education, health, housing and transport, which are primarily state responsibilities.
The law-making powers of the federal Parliament have also grown to deal with the huge social and technological advances that have occurred since federation. As Australian society has changed, so too have the issues facing federal Parliament. For instance, the drafters of the Constitution could not have foreseen how the digital revolution has impacted the way we live, work and communicate. In there were only 33 telephones in Australia and no radio, television, computers or internet.
Today the federal Parliament makes laws about all of these services. It is able to do this under section 51 v of the Constitution, which gives Parliament responsibility for 'postal, telegraphic, telephonic and other like services'. Members of the federal, state and local executives are required to work together in order to solve complex problems.
The National Cabinet, which includes the Prime Minister, premiers, and chief ministers, meets regularly to discuss intergovernmental matters. Ministers from the various levels of government also work together on matters of common concern. For example, the Australian Health Ministers' Advisory Council meets regularly to negotiate a coordinated national approach to health policy. As a result of intergovernmental discussions, uniform national laws have been made to tackle issues such as road transport, food standards and consumer rights.
By introducing uniform national laws, the three levels of government can operate together with a greater level of efficiency. Until the federal government charged households a fee or listener's licence for each radio set they owned. The fees were used to pay for radio stations. Up to 12 Members and Senators are appointed by the Prime Minister as Parliamentary Secretaries also referred to as Assistant Ministers to assist or represent Ministers in their administrative responsibilities.
The role of the Governor-General. The Governor-General performs the ceremonial functions of head of state on behalf of the Queen.
The Governor-General also has executive powers under many Acts of Parliament—for example, the power to proclaim legislation that is, bring it into effect and to make regulations and other kinds of delegated legislation that is, legislative powers that the Parliament has delegated to the Executive Government. Most of the executive actions taken by the Governor-General are of this kind. In practice, except when reserve powers are involved—see below—these functions are exercised as advised by the Prime Minister and Ministers.
In some matters the Constitution gives the Governor-General powers to act independently. These include the power to dissolve the House of Representatives and, in certain situations, both Houses see Infosheet No.
However, in other than exceptional circumstances, the Governor-General will follow the advice of a Prime Minister who retains the confidence of the House. Constitutional experts do not agree on their precise extent or on the nature of the exceptional circumstances in which they may be exercised. The Federal Executive Council. The Federal Executive Council is the constitutional mechanism for providing ministerial advice to the Governor-General. It is not a forum for policy debate or deliberation and its proceedings are entirely formal.
In practice the minimum number of Ministers or Parliamentary Secretaries that is, two in addition to the person presiding are rostered to attend. Meetings of the Council are presided over by the Governor-General or a deputy appointed by the Governor-General usually the Minister with the title Vice President of the Executive Council. The matters dealt with at each meeting are recommendations by Ministers, for the approval of the Governor-General in Council, that something be done—for example, that a regulation be made, a treaty be ratified, or a person be appointed to a position.
The role of the Queen. Australia is a constitutional monarchy. A monarchy is a country where the position of head of state is inherited. A constitutional monarchy is one where the powers of the monarch or sovereign—the King or Queen—are limited by law or convention, and generally exercised only according to the advice of an elected government. The head of state is a formal, symbolic and ceremonial position, as opposed to the position of head of government, which has the administrative power to govern the country.
In some systems of government the head of state and head of government are the same person—for example, in the United States the President has both functions.
Queen Elizabeth is also Queen of the United Kingdom and several other countries which used to be part of the former British Empire. In Australia the powers of the Queen have been delegated by the Australian Constitution to her representative in Australia, the Governor-General.
The Constitution gives the Queen the power to disallow an Australian Act of Parliament, but this has never been done and it is extremely unlikely that it would ever be done. The Judiciary. The Constitution vests the judicial power of the Commonwealth—the power to interpret laws and to judge whether they apply in individual cases—in the High Court and other federal courts. The High Court is established by the Constitution. Other federal courts are created by legislation of the Parliament.
Judges can only be removed from office by the Governor-General following a request for the removal from both Houses of Parliament on the ground of proved misbehaviour or incapacity.
One of the major functions of the High Court is to interpret the Constitution. The High Court may rule a law to be unconstitutional—that is, beyond the power of the Parliament to make—and therefore of no effect. The Constitution cannot be changed by an Act of Parliament alone—a referendum of the people is necessary. The High Court of Australia. For more information. Table 1 — The Executive Government of Australia.
Formal appointment pursuant to Constitution. Head of Executive Government and one of constituent parts of the Parliament, but these functions are delegated to the Governor-General. May disallow an Act of Parliament but this has never been done. Only necessary personal function is to appoint the Governor-General.
May on occasion perform acts normally carried out by the Governor-General, such as opening a session of Parliament or assenting to an Act of Parliament. Represents the Queen as head of Executive Government and one of constituent parts of the Parliament.
In most matters must act as advised by the Federal Executive Council. Performs functions of Head of State.
Section 51 of the Constitution defines a number of issues that the Parliament can make laws on. Although the six states joined together to form the Commonwealth of Australia, they still each retain the power to make their own laws over matters not controlled by the Commonwealth under Section 51 of the Constitution.
State governments also have their own constitutions, as well as a structure of legislature, executive and judiciary. Territories are areas within Australia's borders that are not claimed by one of the six states.
Territories can be administered by the Australian Government, or they can be granted a right of self-government. Most have an appointed Administrator. Norfolk Island is no longer self-governing. Unlike the states, whose powers are defined through the Constitution, the powers of these territories are defined in Commonwealth law which grants them the right of self-government.
This also means that the Parliament can alter or revoke these powers at will. Under Section of the Australian Constitution , territories can become states with the approval of the Parliament. State and territory government provides more information on the six state governments, the federal-state relationship, and the government of Australia's territories. Constitutional responsibility for local government lies with the state and territory governments.
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