4.1.3 section 109 of the Australian constitution

Question 1

In this circumstance of conflict, where laws are inconsistent, section 109 of the Australian constitution states…

Answer 1

when a law of the state is inconsistent with a law of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid

Question 2

what is the significance of section 109

Answer 2

It does provide a way to resolve inconsistencies between state and commonwealth legislation, it can also impact state law-making abilities.

Question 3

what is the main purpose of s 109

Answer 3

to resolve inconsistencies between state and Commonwealth law.If a conflict arises in legislation that was passed as a result of concurrent law-making powers being exercised, s 109 is used to resolve any issues if the state’s legislation is challenged in the courts. According to s 109, the state legislation would then be declared invalid and the Commonwealth law would prevail

Question 4

explain the significance of s 109 in relation to restricting state parliaments law making powers

Answer 4

Section 109 restricts the law-making powers of a state in regard to its concurrent powers.
Whilst states retain the ability to pass laws on these matters, their ability to maintain these laws can be limited. This is because any part of state law that is inconsistent with federal law, will be declared invalid when challenged in the courts