Sac 3 Flashcards
What is the impact of Impact of Section 109
Section 109 of the Constitution provides a mechanism to resolve conflict and inconsistencies between state and Commonwealth laws that can sometimes arise in the area of concurrent powers.
Under S109 of the Constitution, if there e is a conflict between State and Commonwealth laws in an area of concurrent law-making power, the Commonwealth law will prevail, to the extent of the inconsistency between the two legislations.
Restrictions on State
A state shall not raise or maintain any naval or military force (s.114)
A state shall not coin money (s.115)
The imposition of duties of customs and excise is exclusive to the Commonwealth (s.90)
Trade between the states shall be free - no state can charge trade duties to another state
In areas of concurrent power, any state law that is inconsistent with a Commonwealth law shall be declared invalid (s.109)
Restrictions on Commonwealth power
The Commonwealth shall not make any law for establishing, imposing or prohibiting any religion (s.116)
No discrimination to people based on their state of residence (s.117)
The Commonwealth shall not give preference to one state over another state (s.99)
The Commonwealth cannot restrict free trade between the states (s.92)
Any acquisition of property by the Commonwealth must be done on just terms (s.51 xxix)”
What is a referendum
A referendum is a compulsory vote on a proposed change in to the wording of the Commonwealth Constitution
What is the impact of a successful referendum
The impact of a successful referendum is that the law-making power of the states and Commonwealth Parliaments may be altered.
