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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 may conflict with an existing Commonwealth law due to the presence of concurrent powers, as both the Victorian and Commonwealth Parliaments can legislate on certain matters. For instance, both levels of government may have the authority to legislate on areas such as marriage. If both parliaments pass laws relating to the same subject, the law that is enacted last will prevail unless it is inconsistent with another law. This results in potential conflicts and inefficiencies in the legal system.
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 law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall be invalid to the extent of the inconsistency. Therefore, if a Victorian law contradicts a Commonwealth law, and if the Victorian law is challenged in the High Court, the High Court has the authority to determine which law prevails. If the Victorian law is found to be inconsistent with the Commonwealth law, the conflicting parts of the Victorian law will be rendered invalid and will not be enforced in Victoria.