Section 52 of the Constitution of Australia enumerates the exclusive powers granted to the Parliament of Australia by the Australian States at Federation. In contrast to Section 51, the powers granted under Section 52 are only vested in the Commonwealth parliament, to the exclusion of state parliaments.
Section 52 enumerates three categories of exclusive powers, relating to the governance of certain federally owned properties, the regulation of the specific state government agencies, and powers over "other matters" described elsewhere in the constitution.
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Interpretation Governance of certain properties The power to exclusively govern certain properties, including those obtained under Section 51(xxxi), is vested with the commonwealth parliament. Certain state laws predating the acquisition remain in place, with jurisprudence similar to the federal enclave clause in the US constitution.Brown, A. J. (2007). When Does Property Become Territory?: Nuclear Waste, Federal Land Acquisition and Constitutional Requirements for State Consent. Adelaide Law Review, The, 28(1/2), 113-138. For example, Australian courts have held that laws related to indecent conductCowen, Z. (1959). Alsatias for Jack Sheppards?: The Law in Federal Enclaves in Australia. Melb. UL Rev., 2, 454. and workplace safety are inapplicable on military bases. O'Brien, F. C. (1971). Worthing v. Rowell and Muston Pty Ltd and Others; the Queen v Phillips; Attorney-General (NSW) v. Stocks and Holdings (Constructors) Pty Ltd. Melb. UL Rev., 8, 320.
Parliament's Section 52 powers over acquired property are distinct from its Section 122 powers over territories.
Transferred agencies Under Section 69, certain state government functions, such as the provision of a postal service, were transferred to the commonwealth government. For such functions, the commonwealth parliament can legislate without regard to state parliaments.
For transferred departments, Section 52(ii) provides a basis for the employment of ministerial advisers.
The verbiage of Section 52(ii) has been argued to impact the interpretation of any potential future changes to constitutional arrangements, such as the establishment of an Indigenous Voice.
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