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Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. - VCE - SSCE Legal Studies - Question 8 - 2016 - Paper 1
Question 8
Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth ... show full transcript
Worked Solution & Example Answer:Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. - VCE - SSCE Legal Studies - Question 8 - 2016 - Paper 1
Step 1
Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law?
Answer
A Victorian law can be in conflict with an existing Commonwealth law due to the concept of concurrent powers in law-making. Both the Victorian Parliament and the Commonwealth Parliament have the authority to legislate on certain matters, which can lead to conflicting laws if both parliaments enact legislation regarding the same subject area. For instance, if both legislatures create laws about marriage, and these laws are inconsistent, a conflict arises. This situation reflects the possibility of legislative overlap, which is a fundamental aspect of the Australian legal framework.
Step 2
Describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law.
Answer
Section 109 of the Commonwealth Constitution provides that when a State law (such as a Victorian law) is inconsistent with a Commonwealth law, the Commonwealth law prevails, and the State law will be invalid to the extent of the inconsistency. This means that, in instances where laws conflict, the validity of the State law is compromised, making it unenforceable. Therefore, if a Victorian law contradicts a Commonwealth law, the High Court has the authority to rule the Victorian law invalid. This demonstrates the superiority of Commonwealth legislation in the case of overlapping legal authority.