Deck 2: Origins of Australian Law

Question 1

At the time of settlement, the Australian colonies were classified as:

A) Territory that belonged to no one.
B) Territory that belonged to the Aboriginal people.
C) Territory that belonged to the Crown.
D) Territory that existed as part of the British Empire.

Answer 1

A

Question 2

Which principle was effectively laid to rest by the High Court in the case of Mabo v Queensland (No. 2) (1992) 175 CLR 1?

A) The settlement of Australia.
B) The doctrine of precedent.
C) The separation of powers.
D) Terra nullius.

Answer 2

D

Question 3

The case of Mabo v Queensland (No. 2) (1992) 175 CLR 1 is significant because it:

A) Determined that Australia had been peacefully settled.
B) Established the Native Title Act (1993) (Cth).
C) Granted native title rights to the Aboriginal people.
D) Recognised the pre-existing rights of the Aboriginal people.

Answer 3

D

Question 4

The Statute of Westminster (1931) (Imp) made Australia a federation.

Question 5

The reason Terra Nullius is important to the doctrine of reception is because:

A) English law could apply from the date of settlement.
B) The occupants had no land rights.
C) There was nobody to negotiate a treaty with.
D) All of the above.

Question 6

Which of the following cases was the beginning of a watershed for Indigenous peoples in Australia in respect to native land holdings?

A) The Wik People v Queensland; The Thayorre People v Queensland (1996) 187 CLR 1.
B) Mabo v Queensland (No. 2) (1992) 175 CLR 1.
C) Millirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.
D) Cooper v Stuart (1889) 14 App Cas 286.

Question 7

The decision of the High Court in the case Commonwealth v Tasmania (1983) 158 CLR 1, was based upon which head of constitutional power?

A) The reserve power.
B) The external affairs power.
C) The environmental power.
D) The conciliation and arbitration power.

Question 8

Section 109 of the Commonwealth Constitution provides that where there is an inconsistency between a Commonwealth law and a State law:

A) The law which was made first shall prevail.
B) The Commonwealth law shall prevail.
C) The State law shall prevail.
D) The law which was made most recently shall prevail.

Question 9

The first case to recognise that the Aboriginal people had a sophisticated set of customs and rules capable of recognition as a legal system was:

A) The Wik People v Queensland; The Thayorre People v Queensland (1996) 187 CLR 1.
B) Walker v New South Wales (1994) 182 CLR 45.
C) Mabo v Queensland (No. 2) (1992) 175 CLR 1.
D) Millirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.

Question 10

Describe and explain fully what you consider to be the most important outcomes for Australia of the passing of the Australia Acts 1985 and 1986. Where possible, provide examples to support your answer.

Question 11

The effect of the decision in the Mabo Case was to lay to rest the idea that Australia was terra nullius.

Question 12

The 'concurrent' powers of the Commonwealth are those powers which are:

A) Able to be exercised only by the States.
B) Able to be exercised only by the Commonwealth.
C) Able to be exercised by neither the Commonwealth nor the States.
D) Shared by the Commonwealth and the States.

Question 13

Which High Court case held that Criminal Laws do not apply to Aboriginal people?

A) The Wik People v The State of Queensland and Others (1996) 187 CLR 1.
B) Mabo v Queensland (No 2) (1992) 175 CLR 1.
C) Walker v New South Wales (1994) 182 CLR 45.
D) None of the above.

Question 14

What significant changes were brought about by the Australia Act 1986 (Cth)?

Question 15

Explain the meaning of terra nullius and whether it still applies to Australia today.

Question 16

Which British law transformed the six Australian colonies into states at federation?

A) The Statute of Westminster 1931 (Imp).
B) The Commonwealth of Australia Constitution Act 1900 (Imp).
C) The Australian Colonies Government Act 1850 (Imp).
D) The Colonial Laws Validity Act 1865 (Imp).

Question 17

The Colonial Laws Validity Act 1865 (Imp) gave the colonies the right to amend their constitutions.

Question 18

Native title is a grant or right created by government.

Question 19

Which British law gave the Australian colonies the right to amend their own constitutions?

A) The Statute of Westminster 1931 (Imp).
B) The Commonwealth of Australia Constitution Act 1900 (Imp).
C) The Australian Colonies Government Act 1850 (Imp).
D) The Colonial Laws Validity Act 1865 (Imp).

Question 20

Which significant Australian law abolished appeals from the State Supreme Courts to the Privy Council in London?

A) The Privy Council (Limitation of Appeals) Act 1968 (Cth).
B) The Privy Council (Appeals) Act 1980 (Cth).
C) The Australia Act 1986 (Cth).
D) The Privy Council (Appeals from the High Court) Act 1975 (Cth).

Question 21

The doctrine of separation of powers was formulated by:

A) A Phillip.
B) J Montiesquieu.
C) J Cook.
D) A B Dicey.

Question 22

Describe the three arms or functions of government, who they are held by and whether the separation is real or artificial.

Question 23

Executive power in Australia is vested in the Queen.

Question 24

Which of the following statements is correct?

A) The Commonwealth of Australia has exclusive powers in respect of some aspects of government.
B) The Commonwealth of Australia has all those powers with regard to government in Australia which are not exercised by the States.
C) The Commonwealth of Australia has overriding powers in all aspects of Australian government.
D) The Commonwealth of Australia has reserve powers which override all aspects of Australian government.

Question 25

Which of the following statements supports the philosophy of the doctrine of separation of powers?

A) The power to interpret law is exercised by the Judiciary.
B) One limb of Government should not exercise the functions of another limb.
C) The Legislature and the Executive must remain separate.
D) All of the above.

Question 26

In the Australian context, the division of power refers to:

A) The division of power between the Commonwealth and the States.
B) The division of power between Britain and Australia.
C) The division of power between the legislature and the executive.
D) The division of power between the courts and the government.

Question 27

In a number of constitutional cases that have been heard by the High Court, the powers of the Federal Government have been expanded at the expense of the States. Explain fully why the High Court has taken this approach, and in your answer provide one case example to support your argument and discussion.

Question 28

Since Federation in 1901, there have been 44 proposals to amend the Commonwealth Constitution. How many have been successful?

A) Only 35 of the proposals.
B) All of the proposals.
C) Only 8 of the proposals.
D) None of them.

Question 29

When a Commonwealth act clashes with a State act, the State act must be followed.

Question 30

The supreme law making power in Australia is exercised by:

A) The Parliament.
B) The High Court.
C) The Government.
D) The Ministers in the Cabinet.

Question 31

The attitude of the High Court of Australia to the interpretation of the Constitution has been to expand the power of the Commonwealth Government.

Question 32

According to the doctrine of the separation of powers, which branch or arm of government actually makes the law?

A) The Legislature.
B) The Judiciary.
C) The Executive.
D) All of the above.

Question 33

Separation of powers is a reference to the division of powers between the Commonwealth and the states.

Question 34

In order to amend the Commonwealth Constitution which of the following is NOT one of the requirements which must be satisfied?

A) The amendment must be approved by an absolute majority of members in both Houses of Parliament or be passed twice in either the House of Representatives or the Senate.
B) The amendment must be approved by a majority of voters in a majority of the States and by the Governor General.
C) The amendment must be approved by a majority of Australian voters.
D) The amendment must be approved by the High Court of Australia.

Question 35

The doctrine of separation of powers:

A) Is a constitutional requirement of federalism in Australia.
B) Is based on the idea that no one person or body should exercise more than one power.
C) Requires that there is a separation of power between the state and federal governments.
D) Refers to the division of power between the House of Representatives and the Senate.

Question 36

Which of the following is NOT a concurrent power of the Commonwealth under s 51 of the Commonwealth Constitution?

A) Taxation.
B) Customs.
C) Marriage.
D) Banking.

Question 37

Since Federation, very few proposed amendments to the Australia Constitution have been successfully passed. This is because of the requirement that:

A) The proposed amendments must be approved by a majority of voters in a majority of States.
B) The proposed amendments must be passed by a majority of voters or a majority of States.
C) The approval of the Governor-General on behalf of the Queen is required.
D) The proposed amendments must be passed by an absolute majority of all elected members in both Houses of Parliament.

Question 38

Which section of the Australian Constitution vests Judicial Power in the High Court of Australia?

A) Section 71 of the Constitution.
B) Section 51 of the Constitution.
C) Section 1 of the Constitution.
D) Section 61 of the Constitution.