Section 109 Flashcards
1
Q
What does section 109 provide?
A
A mechanism to resolve conflict and inconsistencies between state and commonwealth laws
2
Q
Where does conflict often arise?
A
In areas of concurrent power
3
Q
What is seen as a conflict?
A
If the Commonwealth and state parliaments make a law on the same area of law and the state law is inconsistent with the commonwealth law
4
Q
What is said under section 109 of the constitution?
A
If there is a conflict between state and commonwealth laws, the commonwealth law will prevail to the extent of the inconsistency
5
Q
What happens to the state law that are inconsistent with the commonwealth law
A
It will become invalid
