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Question 1The Australian legal system
Under the doctrine of the separation of powers, which function is performed by the judiciary?
- Directing the defence forces
- Interpreting law and resolving disputes Correct answer.
- Passing statutes and approving budgets
- Managing public service departments
Explanation
The separation of powers divides government into the legislature, the executive and the judiciary. The judiciary interprets statutes and resolves disputes; it does not make statutes or administer government departments.
Question 2The Australian legal system
Which court is at the apex of the Australian court hierarchy?
- The High Court of Australia Correct answer.
- The Supreme Court of Victoria
- The Federal Court of Australia
- The Local Court of New South Wales
Explanation
The High Court of Australia is the highest court in the Australian court hierarchy. It hears appeals by special leave and exercises original jurisdiction on constitutional matters.
Question 3The Australian legal system
Which source of law is created by a parliament?
- Equity
- Common law
- Customary law
- Legislation Correct answer.
Explanation
Legislation is law made by a parliament, such as an Act of the Commonwealth Parliament or a state parliament. Common law and equity are developed by courts, while customary law is not a general source of Australian law.
Question 4The Australian legal system
A judge in the Supreme Court of Victoria is deciding a case with facts materially identical to an earlier decision of the Victorian Court of Appeal. What is the judge bound to do?
- Ignore the earlier decision because it was not made by the High Court
- Apply the ratio decidendi of the earlier decision Correct answer.
- Follow the earlier decision only if the judge personally agrees with it
- Treat the earlier decision as persuasive but never binding
Explanation
Within a single court hierarchy, a lower court is bound by the ratio decidendi of a superior court. The judge must apply that legal reasoning because the facts are materially identical.
Question 5The Australian legal system
Which is an exclusive Commonwealth power under section 90 of the Constitution?
- Customs and excise duties Correct answer.
- Local government
- Marriage
- Education
Explanation
Section 90 gives the Commonwealth exclusive power over customs and excise duties. Education, marriage and local government are not exclusive Commonwealth powers; marriage is a concurrent power under section 51.
Question 6The Australian legal system
What referendum requirement must a proposed alteration to the Australian Constitution satisfy?
- A majority of voters nationwide only
- A majority of state parliaments only
- A two-thirds majority in both houses of the Commonwealth Parliament
- A national majority and a majority of states Correct answer.
Explanation
Section 128 requires a proposed constitutional alteration to be approved by a majority of voters nationwide and by a majority of voters in a majority of states. This is commonly called the double majority.
Question 7The Australian legal system
What is the effect of a High Court decision on a question of Commonwealth constitutional law?
- It applies only in the state where the case began
- It is persuasive in state courts but not binding
- It binds only the parties to the dispute
- It is binding on all courts in Australia Correct answer.
Explanation
The High Court is the final interpreter of the Commonwealth Constitution. Its decisions on constitutional questions bind all courts in Australia, not merely the parties to the case.
Question 8The Australian legal system
Which feature best reflects responsible government in the Commonwealth Parliament?
- Ministers must be serving judges of the High Court
- The Senate selects the Prime Minister after every federal election
- The Governor-General appoints ministers without parliamentary involvement
- The ministry must retain the confidence of the House Correct answer.
Explanation
Responsible government means the executive ministry is drawn from and accountable to Parliament, particularly the House of Representatives. The ministry must retain the confidence of the House to remain in office.
Question 9The Australian legal system
A lower court faces a binding precedent from a superior court in the same hierarchy, but the facts differ in a legally significant way. What is the appropriate judicial response?
- Overrule the precedent because the lower court disagrees with it
- Refer the matter to the Governor-General for a ruling
- Follow the precedent regardless of the factual differences
- Distinguish the precedent on the material factual difference Correct answer.
Explanation
A lower court cannot overrule a superior court in the same hierarchy, but it may distinguish a precedent when the material facts are genuinely different. The ratio decidendi only binds where the facts are sufficiently similar.
Question 10The Australian legal system
Which statement best describes the authority of English common law in Australia today?
- English statutes enacted after 1900 automatically apply in Australia
- English courts remain the final appellate authority for Australian common law
- Australian courts may consider English decisions but are not bound Correct answer.
- Australian common law was frozen at federation and cannot develop
Explanation
Australian common law originated in English common law, but Australian courts now develop it independently. Decisions of English courts are persuasive rather than binding, and later English statutes do not automatically apply.
Question 11The Australian legal system
In an Australian criminal trial, to what standard must the prosecution prove the elements of the offence?
- On a preponderance of the evidence
- To the comfortable satisfaction of the court
- Beyond reasonable doubt Correct answer.
- On the balance of probabilities
Explanation
The criminal standard of proof is beyond reasonable doubt, which reflects the seriousness of criminal sanctions and the presumption of innocence. The prosecution bears this burden for every element of the offence, and any reasonable doubt on an element requires acquittal.
Question 12The Australian legal system
In the doctrine of precedent, what is the ratio decidendi of a judgment?
- The legal principle on which the decision rests Correct answer.
- The personal opinion expressed by the presiding judge
- A remark in the judgment that is not necessary to the decision
- A summary of the facts as found by the trial judge
Explanation
The ratio decidendi is the legal rule or principle that the court applies to the material facts and that is necessary to its conclusion. It is this component of a judgment that binds courts lower in the same hierarchy in later cases with materially similar facts.
Question 13The Australian legal system
After a bill has been passed by both Houses of the Commonwealth Parliament, which step is required before it becomes an Act?
- Certification of the bill by the Attorney-General
- Royal assent by the Governor-General Correct answer.
- Publication of the bill in the Commonwealth Gazette
- Approval by a joint sitting of the Parliament
Explanation
A bill becomes an Act of Parliament only when it receives royal assent, given by the Governor-General on behalf of the Crown, after passing both Houses. It then commences on the date stated in the Act or in accordance with the applicable commencement provisions.
Question 14The Australian legal system
A state parliament enacts a statute in 2020. In 2023 it enacts a second statute dealing with the same subject matter, and the two cannot both be obeyed. Which law applies?
- Neither statute, because the inconsistency invalidates both of them
- The 2023 statute, but only to the extent of the inconsistency Correct answer.
- The 2020 statute, because it is the earlier and more specific law
- The 2023 statute, because parliaments may never alter their earlier statutes
Explanation
Parliamentary sovereignty means that a parliament cannot bind its successors, so a later statute prevails over an inconsistent earlier statute made by the same parliament. The earlier enactment is displaced only so far as the two are inconsistent, remaining in force in other respects.
Question 15The Australian legal system
Which of the following is a concurrent power under section 51 of the Constitution?
- The seat of the Commonwealth government
- Marriage and divorce Correct answer.
- Coining money
- Customs and excise duties
Explanation
Section 51 lists subjects on which the Commonwealth Parliament may legislate concurrently with the states, and marriage and divorce fall within that list. The states retain their own capacity to legislate on these subjects, subject to inconsistency under section 109.
Question 16The Australian legal system
When a Commonwealth statute is ambiguous, which approach must a court prefer under the purposive approach to statutory interpretation?
- The court may disregard the text and apply its own view of good policy
- The interpretation that best achieves the Act's purpose is preferred Correct answer.
- The literal meaning must be followed even if it defeats the purpose
- Ambiguity must be resolved in favour of the party that drafted the Act
Explanation
Federal, state and territory interpretation statutes direct courts to prefer the interpretation that best achieves the purpose or object of the Act, even where the ordinary meaning is clear. The text remains the starting point, but purpose operates as a governing consideration in construction.
Question 17The Australian legal system
A Commonwealth law sets a maximum speed of 60 km/h on a particular road. A state law sets a maximum of 50 km/h on the same road. What is the effect of section 109 of the Constitution?
- Both laws apply, and a driver may be prosecuted under either one
- The state law prevails, because it imposes the stricter of the two limits
- The state law is invalid, but only to the extent of the inconsistency Correct answer.
- The Commonwealth law is invalid, because road rules are a state responsibility
Explanation
Section 109 provides that when a state law is inconsistent with a Commonwealth law, the state law is invalid to the extent of the inconsistency. Here the state's 50 km/h limit cannot operate alongside the Commonwealth's 60 km/h limit on the same road, so it is inoperative to that extent.
Question 18The Australian legal system
Which statement best describes the High Court's approach to its own earlier decisions?
- It is bound only by decisions of the Privy Council
- It is bound by all of its earlier decisions
- It must follow its earlier decisions unless Parliament changes the law
- It may depart from its earlier decisions for compelling reasons Correct answer.
Explanation
The High Court is not strictly bound by its own precedents and may overrule them where there are compelling reasons, such as demonstrable error or changed social conditions. In practice it exercises this power cautiously to maintain certainty in the law.
Question 19The Australian legal system
A Commonwealth tribunal that is not a court is given power to determine criminal guilt and impose terms of imprisonment. Which statement best describes the constitutional position?
- Valid, provided the responsible Minister retains a discretion to vary the outcome
- Valid, provided the tribunal's members hold life tenure
- Invalid, because criminal guilt can only be determined by a jury
- Invalid, because only Chapter III courts may exercise federal judicial power Correct answer.
Explanation
Chapter III vests federal judicial power in courts, and the Boilermakers principle holds that judicial power cannot be conferred on bodies that are not Chapter III courts. Determining criminal guilt and imposing imprisonment are quintessentially judicial functions, so such a conferral is invalid.
Question 20The Australian legal system
Which statement best describes the significance of the Engineers' case (1920) for Commonwealth legislative power?
- It established that state laws prevail over inconsistent Commonwealth laws
- It confined Commonwealth powers to matters expressly listed in section 51
- It rejected implied immunities and read Commonwealth powers literally Correct answer.
- It held that the Commonwealth and the states enjoy reciprocal implied immunities
Explanation
The Engineers' case abandoned the doctrine of implied intergovernmental immunities and adopted a literal approach to interpreting Commonwealth heads of power. The decision substantially expanded Commonwealth legislative authority and shaped the federal balance for the rest of the century.
Question 21The Australian legal system
Which statement best captures the rule of law in the Australian legal system?
- Parliament may disregard court orders when it chooses.
- Only citizens are required to obey the law.
- Government officials must obey the law. Correct answer.
- Courts must follow whatever the executive directs.
Explanation
The rule of law requires that law apply equally to individuals and government, that official action have legal authority, and that arbitrary power be constrained. It does not mean that parliament is above court orders or that only citizens are protected. Australian courts also review executive action for legality.
Question 22The Australian legal system
Which expression describes the legislative powers left with the states by the Commonwealth Constitution?
- Delegated powers
- Concurrent powers
- Exclusive powers
- Residual powers Correct answer.
Explanation
Section 51 and other provisions give specified powers to the Commonwealth, while powers not granted remain with the states as residual powers. State parliaments therefore have a general legislative capacity, subject to constitutional limits and inconsistent Commonwealth law.
Question 23The Australian legal system
In a civil trial in Australia, what standard of proof must the plaintiff generally satisfy?
- Clear and convincing evidence
- Prima facie evidence
- Beyond reasonable doubt
- Balance of probabilities Correct answer.
Explanation
The civil standard is the balance of probabilities, meaning the facts are more likely than not. The criminal standard is higher, requiring proof beyond reasonable doubt.
Question 24The Australian legal system
In the doctrine of precedent, how are obiter dicta statements in a superior court judgment treated?
- They bind only courts of equal rank.
- They are binding only if the judge sat alone.
- They are persuasive but not binding. Correct answer.
- They bind all lower courts in the same hierarchy.
Explanation
Only the ratio decidendi, the legal rule necessary to the decision, binds lower courts in the same hierarchy. Obiter dicta are observations not essential to the outcome and are persuasive only.
Question 25The Australian legal system
Which statement accurately describes delegated legislation in Australia?
- It cannot be challenged in court once it is published.
- It is authorised by an Act and may be disallowed. Correct answer.
- It is made directly by the Governor-General without statutory authority.
- It has priority over the Act under which it is made.
Explanation
Delegated legislation is made by the executive under authority in an enabling Act and remains subordinate to that Act. It is subject to parliamentary scrutiny and disallowance and to judicial review for exceeding the power granted.
Question 26The Australian legal system
A court is interpreting a newly enacted Commonwealth statute that is silent on whether it applies to past events. Which presumption should the court apply?
- The statute does not operate retrospectively unless clearly intended. Correct answer.
- The statute applies to all past events unless expressly excluded.
- The statute has no legal effect until a court approves it.
- The statute applies retrospectively only to criminal matters.
Explanation
There is a presumption that statutes do not operate retrospectively, because retroactivity can disturb settled rights and expectations. The presumption is rebutted only by clear language or necessary implication.
Question 27The Australian legal system
Which dispute falls within the High Court's original jurisdiction under section 75 of the Constitution?
- A prosecution for speeding heard in a Magistrates' Court.
- A claim for damages for breach of a residential lease.
- A matter in which the Commonwealth is a party. Correct answer.
- An appeal from a single judge of the Federal Circuit Court.
Explanation
Section 75 gives the High Court original jurisdiction in specified matters, including suits in which the Commonwealth is a party and disputes between states. Ordinary civil claims and summary prosecutions remain with state or federal lower courts.
Question 28The Australian legal system
How is a decision of the Supreme Court of New South Wales treated by a court of equivalent rank in Victoria?
- As having no persuasive value at all.
- As persuasive but not binding. Correct answer.
- As binding because all Australian Supreme Courts are in one hierarchy.
- As binding only in criminal matters.
Explanation
Australian courts are organised in separate federal and state hierarchies. A decision of a Supreme Court in another state is not binding but may be persuasive, especially if it is well reasoned or deals with uniform legislation.
Question 29The Australian legal system
Under the implied freedom of political communication recognised by the High Court, when is a Commonwealth law invalid?
- Whenever it restricts any communication about government or politics.
- When it imposes an unjustified burden on political communication. Correct answer.
- Only when it expressly names political parties.
- Only when Parliament admits that it intended to silence critics.
Explanation
The implied freedom protects political communication but is not absolute. A law is invalid if it burdens that communication and fails the proportionality test: it must be reasonably appropriate and adapted to a legitimate end compatible with representative government.
Question 30The Australian legal system
What was the central legal effect of the High Court's decision in Mabo v Queensland (No 2) (1992)?
- It created a new form of statutory land grant.
- It transferred all Crown land to the states.
- It rejected terra nullius and recognised surviving native title. Correct answer.
- It abolished all pastoral leases across Australia.
Explanation
Mabo rejected the doctrine that Australia was terra nullius at settlement. It recognised that native title can exist under the common law where traditional laws and customs are maintained and the title has not been extinguished by valid government acts.
Question 31The Australian legal system
In a criminal trial in Australia, which party bears the burden of proving the elements of the offence?
- The trial judge, when summing up
- The accused, once evidence is presented
- The jury, through its verdict
- The prosecution, throughout the trial Correct answer.
Explanation
In an adversarial criminal trial, the prosecution carries the legal burden of proving every element of the offence beyond reasonable doubt. The accused does not have to prove innocence, although an accused may bear an evidential burden for particular defences.
Question 32The Australian legal system
A Commonwealth statute and a common law rule conflict on the same issue. Which source prevails?
- Both apply equally, and the court chooses the more convenient
- Neither; the issue is resolved by ministerial direction
- The statute, because legislation overrides inconsistent common law Correct answer.
- The common law rule, because it is older
Explanation
A valid Act of Parliament prevails over a conflicting common law rule because Parliament is the sovereign law-maker. The common law continues to apply only so far as it is not inconsistent with the statute.
Question 33The Australian legal system
To alter the Commonwealth Constitution, a referendum must be approved by which combination of voters?
- A majority of voters nationwide and a majority in a majority of states Correct answer.
- A majority of voters in a majority of states, without any national majority being required
- A majority in each state and territory considered separately
- A majority of voters nationwide, without any majority of states being required
Explanation
Section 128 requires a double majority: a majority of voters nationally and a majority of voters in a majority of states. Territories count towards the national majority but not the state majority.
Question 34The Australian legal system
A local council in New South Wales makes a by-law banning all retail trading on Sundays. Which statement best explains the source of the council's power?
- The by-law is an exercise of prerogative power held by the council
- The Commonwealth Constitution directly grants local councils legislative power
- The council's power comes from state legislation, which authorises and limits its by-laws Correct answer.
- The by-law is valid because local governments share sovereignty with the states under the Constitution
Explanation
Local government is not mentioned as a head of Commonwealth power; councils are created by state or territory legislation. Their by-laws are valid only within the authority delegated by the enabling Act.
Question 35The Australian legal system
A court is interpreting a Commonwealth provision that is ambiguous. Which use of extrinsic material is permitted by the Acts Interpretation Act 1901 (Cth)?
- The court must follow the minister's later public statements about the provision
- The court may consider only the words of the statute and absolutely no other material
- The court may use explanatory memoranda to confirm or determine the provision's meaning Correct answer.
- The court may consider extrinsic material only if all parties agree
Explanation
Section 15AB of the Acts Interpretation Act 1901 (Cth) allows a court to use extrinsic material in limited circumstances, such as where a provision is ambiguous or to confirm its ordinary meaning. Extrinsic material cannot displace the statutory text.
Question 36The Australian legal system
A single judge of the Supreme Court of Victoria is deciding a case. A previous decision of the Victorian Court of Appeal is directly on point and cannot be distinguished. What should the judge do?
- Follow the Court of Appeal decision, because it is binding in the same hierarchy Correct answer.
- Refer the matter to the Governor for a ruling
- Follow it only if the judge personally agrees with the reasoning
- Ignore it, because a single judge is not bound by any court below the High Court
Explanation
A court is bound by decisions of superior courts in the same hierarchy, unless the decision is distinguished or overruled. The Victorian Court of Appeal therefore binds a single judge of the Victorian Supreme Court.
Question 37The Australian legal system
Which statement best describes the legislative power of a state parliament under its state constitution?
- It cannot be changed by any state law
- It is limited to the subjects expressly listed in the Commonwealth Constitution
- It can be exercised only with the prior approval of the Governor-General
- It is plenary, subject to the Commonwealth Constitution and valid Commonwealth laws Correct answer.
Explanation
State parliaments have plenary legislative power, meaning they can legislate on any subject within their constitutional limits. Their laws are subject to the Commonwealth Constitution and to valid Commonwealth laws under section 109.
Question 38The Australian legal system
In Kable v Director of Public Prosecutions (NSW) (1996), the High Court invalidated a state law. Which statement best captures the principle?
- Only the High Court may order imprisonment after a criminal conviction
- State courts must not receive functions that undermine public confidence in their independence Correct answer.
- A state parliament cannot legislate for criminal procedure or sentencing
- State courts cannot exercise any jurisdiction conferred by state legislation
Explanation
Chapter III assumes that state courts may be invested with federal judicial power, so they must remain independent and impartial. A state law that gives a court functions incompatible with that role is invalid.
Question 39The Australian legal system
The Commonwealth Parliament wishes to legislate to implement an international treaty. Which statement best reflects the High Court's approach to the external affairs power?
- The Commonwealth may legislate only if every state and territory consents to the treaty
- Ratification alone gives the Commonwealth unlimited power to legislate on any subject
- The law must be reasonably appropriate and adapted to a genuine treaty obligation Correct answer.
- The treaty must first be incorporated into state law before the Commonwealth can legislate
Explanation
The external affairs power supports legislation that implements a genuine international treaty obligation. The law must be reasonably capable of being considered appropriate and adapted to implementing that obligation, not merely a pretext.
Question 40The Australian legal system
A party wants to appeal from a decision of the Supreme Court of a state to the High Court of Australia. What is generally required?
- Special leave to appeal granted by the High Court Correct answer.
- Automatic appeal as of right in all civil matters
- Approval from the Governor-General in Council
- A resolution of the state parliament approving the appeal
Explanation
The High Court's appellate jurisdiction is largely discretionary, and an appeal generally requires special leave under the Judiciary Act 1903 (Cth). Leave is granted only where the case raises a matter of public importance or a significant legal issue.
Question 41The Australian legal system
The Commonwealth Constitution divides governmental power among three branches. Which chapter of the Constitution vests judicial power in the High Court and other federal courts?
- Chapter III Correct answer.
- Chapter II
- Chapter IV
- Chapter I
Explanation
Chapter I establishes the Parliament, Chapter II deals with the executive government and Chapter III establishes the judicature. Section 71 vests the judicial power of the Commonwealth in the High Court and in such other federal courts as Parliament creates, while section 72 secures the tenure of the judges who exercise that power.
Question 42The Australian legal system
In the Australian court hierarchy, which court ordinarily hears summary offences and minor civil claims at the lowest level?
- The District Court
- The Supreme Court
- The High Court
- The Local Court Correct answer.
Explanation
Each state and territory has a lower court known variously as the Local Court, Magistrates Court or Court of Petty Sessions. It hears summary offences, conducts committal proceedings and determines minor civil claims, with appeals generally proceeding to the District or County Court and then to the Supreme Court.
Question 43The Australian legal system
Which dispute resolution process involves an independent third party helping the parties reach their own agreement rather than imposing a decision on them?
- Mediation Correct answer.
- Litigation
- Tribunal adjudication
- Arbitration
Explanation
Mediation is a form of assisted negotiation in which a neutral mediator helps the parties identify issues and explore options, but the parties themselves control the outcome. By contrast, arbitration, litigation and tribunal adjudication all involve a third party who hears the dispute and makes a binding determination.
Question 44The Australian legal system
A state parliament passes a law regulating the labelling of imported food. A Commonwealth law covers the same subject and is inconsistent with it. What is the effect of section 109 of the Constitution?
- The state law prevails because it was enacted first
- The Commonwealth law is invalid to the extent of the inconsistency
- Both laws remain fully operative and are read together
- The state law is invalid to the extent of the inconsistency Correct answer.
Explanation
Section 109 provides that where a state law is inconsistent with a Commonwealth law, the state law is invalid to the extent of the inconsistency. The Commonwealth law remains valid, so the inconsistency is resolved in favour of the Commonwealth because the Constitution gives Commonwealth legislation supremacy in the event of direct conflict.
Question 45The Australian legal system
A judge of a Supreme Court is considering a decision of the full court of that Supreme Court. In which circumstance may the judge legitimately decline to follow it?
- Where the judge thinks another result would be fairer
- Where the material facts of the present case are materially different Correct answer.
- Where a lower court has criticised the precedent
- Where the judge disagrees with the reasoning
Explanation
A court may distinguish a binding precedent where the facts before it differ in a way that is material to the legal principle applied in the earlier case. Because the ratio of the earlier decision was framed by those facts, the principle does not govern a genuinely different situation. Personal disagreement or a preference for a fairer result does not entitle a court to ignore binding authority.
Question 46The Australian legal system
Which statement best describes the principle of responsible government as it operates in Australia?
- The executive is drawn from and accountable to the parliament Correct answer.
- The Governor-General personally directs the day-to-day administration of the Commonwealth
- Ministers are appointed for fixed terms and cannot be removed by parliament
- Federal ministers must be approved by a majority of state premiers
Explanation
Responsible government means the executive government is formed from members of parliament and must retain the confidence of the lower house to remain in office. Ministers are individually answerable to parliament and collectively responsible for government policy, and they must resign or be dismissed if that confidence is lost.
Question 47The Australian legal system
Under section 15AA of the Acts Interpretation Act 1901 (Cth), how should a court approach a statutory provision whose ordinary meaning is unclear?
- By choosing the interpretation most favourable to the party that drafted the statute
- By applying the plain meaning even if it defeats the apparent purpose
- By deferring to whichever interpretation the relevant minister announced
- By preferring the interpretation that best achieves the purpose of the Act Correct answer.
Explanation
Section 15AA requires a court to prefer the interpretation of a provision that would best achieve the object or purpose of the Act, whether or not that purpose is expressly stated in the provision itself. The court identifies the purpose from the text and context, including any objects clause, and then adopts the construction that promotes it.
Question 48The Australian legal system
Which power may be exercised exclusively by the Commonwealth Parliament under section 90 of the Constitution?
- Making laws about roads and local government
- Imposing duties of customs and excise Correct answer.
- Making laws about the age of criminal responsibility
- Making laws about education
Explanation
Section 90 gives the Commonwealth exclusive power to impose duties of customs and of excise, and to grant bounties on the production or export of goods. The states therefore cannot levy customs duties or excise, although they retain broad residual power over matters such as education, roads and criminal responsibility that the Constitution does not confer on the Commonwealth.
Question 49The Australian legal system
In 1975 the Governor-General dismissed the Prime Minister and commissioned the Leader of the Opposition. Which statement best explains the constitutional basis for that action?
- The High Court directed the Governor-General to dismiss the government on constitutional grounds
- The dismissal was valid because the Senate had passed a motion of no confidence in the House
- The reserve powers may be used independently of ministerial advice in exceptional circumstances Correct answer.
- The Governor-General may act only on the advice of the Prime Minister and so could not have acted
Explanation
The reserve powers are those the Governor-General may exercise without, or contrary to, ministerial advice in exceptional situations, such as where a government cannot secure supply and refuses either to resign or to call an election. Their scope is not settled by the text of the Constitution, and the use of the power in 1975 remains contested; the High Court was never asked to rule on the dismissal itself.
Question 50The Australian legal system
Which statement accurately describes the tenure of a judge of the Federal Court under section 72 of the Constitution?
- Judges are appointed for life and may be removed by a resolution of the House of Representatives alone
- Judges are appointed for a renewable seven-year term subject to parliamentary review
- Judges serve at the pleasure of the Governor-General and may be dismissed at any time
- Judges hold office until age 70 and may be removed only for proved misbehaviour or incapacity Correct answer.
Explanation
Section 72 provides that federal judges are appointed by the Governor-General in Council, hold office until they reach the age of 70, and may be removed only by the Governor-General on an address from both Houses of Parliament on the ground of proved misbehaviour or incapacity. This tenure protects judicial independence by ensuring that judges do not depend on the executive for their continuation in office.