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Legal Studies Unit 4: The people and the Australian Constitution > 10.6 Section 109 of the Australian Constitution > Flashcards

10.6 Section 109 of the Australian Constitution Flashcards

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1
Q

What is section 109 for?

A

It is designed to help resolve conflicts and inconsistencies between state and Commonwealth laws. Under the section, if there is a conflict Commonwealth law will prevail to the extent of the consistency between the two pieces of legislation

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2
Q

What is an example of Section 109?

A

The McBain v Victoria (2000), which was an inconsistency in marital status law

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3
Q

What were the 2 laws in conflict in McBain v Victoria?

A

Infertility Treatment Act 1995 (Vic) and Sex Discrimination Act 1984 (Cth)

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Legal Studies Unit 4: The people and the Australian Constitution (16 decks)

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