The Commonwealth response to organised crime

Abstract

Australia is a federation where the Commonwealth has no direct power over crime. What power the Commonwealth has in the area of crime derives mainly from the operation of the implied incidental power adhering to the express powers in section 51 of the Australian Constitution and from the express incidental power, placitum 51(xxxix). Other constitutional powers, such as subsection 52(1), exclusive, plenary power in relation to Commonwealth places, section 119. protection of the states against domestic violence and section 122, plenary power in relation to territories, may be called into play in appropriate situations. There is also some role for the inherent national power.