TASC Legal Studies Level 3 Practice Questions - Tasmanian Assessment, Standards And Certification (TASC) Legal Studies Level 3 (LST315117) Exam

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When a Tasmanian state statute directly conflicts with a valid Commonwealth statute on a matter of concurrent power, how is the conflict resolved under Section 109 of the Australian Constitution?

The Commonwealth law prevails, and the Tasmanian State law is invalid to the extent of the inconsistency. The Tasmanian State law automatically overrides the Commonwealth statute within Tasmania's geographic borders. Both statutes remain in full effect simultaneously, allowing citizens to choose which law to obey. The matter is referred to the Tasmanian Governor-in-Council to issue a binding compromise decree.

Correct Answer:

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

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