Section 109 (VCE SSCE Legal Studies): Flashcards
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What does s109 resolve?
What does s109 resolve?
Conflicts between state & Commonwealth laws
When state law conflicts with Cth law under s109?
When state law conflicts with Cth law under s109?
Cth law prevails, state law invalid (to extent of inconsistency)
Inconsistency: Cth prohibits, state permits - result?
Inconsistency: Cth prohibits, state permits - result?
State law becomes inoperable - Cth prohibition overrides
Is state law automatically invalid under s109?
Is state law automatically invalid under s109?
No - must be challenged in court first
What if conflicting Cth law is repealed?
What if conflicting Cth law is repealed?
State law revives & regains legal effect
McBain v Victoria (2000) - issue?
McBain v Victoria (2000) - issue?
IVF access & marital status requirements
McBain case outcome under s109?
McBain case outcome under s109?
Cth anti-discrimination law prevailed, Vic law invalid
'Covering the field' doctrine meaning?
'Covering the field' doctrine meaning?
Cth law is complete statement, no room for state laws
How does s109 affect state legislative power?
How does s109 affect state legislative power?
Acts as restriction in areas of concurrent power
Marriage Act 1961 (Cth) - marriageable age?
Marriage Act 1961 (Cth) - marriageable age?
18 years (16-17 only in exceptional circumstances)