Australian Constitution - Section 109

Correctly label the Commonwealth Structure

d

e

f

Legislative Assembly

House of Representatives

Governor General

Senate

Legislative Council

Crown

The section of the Australian Constitution designed to resolve conflicts and inconsistencies between state and Commonwealth laws.

• Section 51

• Section 109

• Section 107

• Section 52

If there is a (a)   between ​ (b)   and​ (c)   ​ (d)   , the Commonwealth law will​ (e)   .

• conflict
• state
• Commonwealth
• Law
• prevail
• invalid
• territory

Section 109 acts as a ___________ on state parliament.

"Section 109 acts as a restriction on state parliament" - Discuss this statement.

Section 109 does not automatically apply. Why?

• The law needs to be challenged before a state law is declared invalid.

• The operation of this section is overridden by a different section.

• Parliament must first obtain approval from the judiciary to make a law on such matter.

• It does automatically operate.