SACE Stage 2 Politics, Power And People Practice Questions - SACE Stage 2 Politics, Power And People (South Australian Certificate Of Education) Exam

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Under Section 109 of the Australian Constitution, what occurs when a valid state law conflicts with a valid Commonwealth law?

The Commonwealth law prevails to the extent of the inconsistency, and the state law becomes invalid to that extent. The state law prevails because residual powers automatically override federal legislation. The High Court must issue a joint legislative compromise between both parliaments. The Governor-General must dissolve both state and federal parliaments.

Correct Answer:

The Commonwealth law prevails to the extent of the inconsistency, and the state law becomes invalid to that extent.

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