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§ 228. “Power Vested … in the Parliament.”

The power of the Parliament is, for the most part, defined in sec. 51. But in addition to that complex section, with its prolific drag-net sub-sec. xxxvi., “Until the Parliament otherwise provides,” there are numerous other sections in which important grants of power may be found. For example:—

METHOD OF CHOOSING SENATORS.—Parliament may make laws prescribing (sec. 9).

ROTATION OF SENATORS.—Parliament may make laws for the vacating of the places of senators, when the number of senators is increased or diminished (sec. 14).

PRIVILEGES OF PARLIAMENT.—Parliament may declare the powers, privileges and immunities of the Senate and of the House of Representatives (sec. 49).

SEAT OF GOVERNMENT.—Parliament may make laws respecting (sec. 52—i.), and may determine the site within certain limits (sec. 125).

FEDERAL DEPARTMENTS.—Parliament may make laws for the regulation of the public departments transferred to the Commonwealth (sec. 52—ii.).

FEDERAL COURTS.—Parliament may create Federal Courts (sec. 71).

JUDGES OF THE HIGH COURT.—Parliament may prescribe the number of judges of the High Court beyond a Chief Justice and two Justices (sec. 71).

REGULATION OF APPELLATE JURISDICTION.—Parliament may prescribe exceptions and regulations, subject to which the High Court may hear appeals. sec. 73).




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ADDITIONAL ORIGINAL JURISDICTION.—Parliament may confer additional original jurisdiction on the High Court (sec. 76).

POWER TO DEFINE JURISDICTION. — Parliament may define the jurisdiction of inferior Federal Courts, and invest State Courts with Federal jurisdiction (sec. 77).

ACTIONS AGAINST COMMONWEALTH AND STATES. — Parliament may confer the right to bring actions against the Commonwealth or against States (sec. 78).

DISTRIBUTION OF SURPLUS. — After five years from the imposition of uniform tariff Parliament may provide for the monthly payment to the several States of all surplus revenue on a fair basis (sec. 94).

NAVIGATION, SHIPPING AND RAILWAYS. — Parliament may legislate concerning navigation, shipping, and State-owned railways so far as they affect inter-state and foreign trade and commerce (sec. 98).

INTER-STATE COMMISSION. — Parliament may define the adjudicatory and administrative power of the Inter-State Commission with reference to trade and commerce (sec. 101).

PREFERENCES AND DISCRIMINATIONS. — Parliament may with respect to trade and commerce forbid preferences and discriminations subject to certain conditions (sec. 102).

TAKING OVER PUBLIC DEBTS. — Parliament may take over from the States their public debts (sec. 105).

STATE INSPECTION LAWS. — Parliament may annual State inspection laws (sec. 112).

CUSTODY OF OFFENDERS. — Parliament may make laws giving effect to the mandate directed to the State by sec. 120 to make provision for the detention of offenders against the laws of the Commonwealth (sec. 120).

ADMISSION OF NEW STATES. — Parliament may admit or establish new States (sec. 121).

GOVERNMENT OF TERRITORIES. — Parliament may make laws for the government of territory surrendered to it by any State or placed under its authority by the Queen (sec. 122).

ALTERATION OF STATE BOUNDARIES. — Parliament, subject to certain conditions precedent, may alter the limits of a State (sec. 123).

Sub-section xxxix. authorizes the Parliament to make laws relating to matters incidental to the execution of all these legislative powers, making them fully operative and effective, and enforcing them by appropriate legal sanctions.

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