QCAA Legal Studies Practice Questions - QCAA Legal Studies External Assessment (Queensland) Exam

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What is the legal effect of Section 109 of the Australian Constitution when a State law conflicts with a validly enacted Commonwealth law?

The State law invalidates the Commonwealth law Both laws are referred to the Governor-General for mediation The State law remains fully enforceable within that State's borders The Commonwealth law prevails, and the State law is invalid to the extent of the inconsistency

Correct Answer:

The Commonwealth law prevails, and the State law is invalid to the extent of the inconsistency

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