section 109 of the Australian Constitution

Question 1

what is section 109 of the constitution?

Answer 1

109. Inconsistency of laws
     when a law of a 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.

easy: section 109 defends the right of the Commonwealth to make laws, meaning in the state and commonwealth have opposing views the commonwealth will always win.

Question 2

why is section 109 significant?

Answer 2

• serve as a restriction on State Parliaments and the laws they try to create.
• ensures that our laws are consistent, meaning that laws do not contradict one another.
• However, section 109 does not automatically come into effect prior to law making.