The Commonwealth Parliament
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Consider the following statement: The Commonwealth Parliament can enact laws on any matter of national importance, overriding state laws. For example, the Commonwealth Parliament could introduce new laws to regulate pollution and waste producing activities carried on by Australian businesses. Discuss this statement, including appropriate reference to the main principles relating to the division of legislative power in Australia, and briefly apply these principles to the example given above. State legislative powers, or the bulk of them, are conferred on each state parliament by its Constitution. At federation each state's Constitution, legislative power and laws, were, subject to some qualification, confirmed by the Commonwealth Constitution. In addition, state legislative power is affected by powers and prohibitions in the Commonwealth Constitution. Finally, powers of state parliaments are affected by a few special provisions in their Constitutions although these are of little importance. The Commonwealth parliament has most of its powers conferred by a number of...

