Section 109 of the constitution

Question 1

What is it designed for?

Answer 1

Under section 109 of the Australian Constitution, if there is a conflict between state and
Commonwealth laws, the Commonwealth law will prevail to the extent of the inconsistency between
the two pieces of legislation. State law provisions that are inconsistent with the Commonwealth law will
therefore be invalid and unenforceable.

Question 2

Example

Answer 2

if the Commonwealth law prohibits a specific form of conduct which the state law allows, then the state law will be inoperable where those laws are inconsistent. Or, if the Commonwealth law states that you must do X and the state law states that you must not do X, then that section of the state law will become inoperable if challenged before a court. You cannot obey both laws at the same time, so the inconsistent part of the state law is invalid