Section 109 (VCE SSCE Legal Studies): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What does section 109 of the Australian Constitution resolve?
What does section 109 of the Australian Constitution resolve?
Conflicts between state & Commonwealth laws
When state and Commonwealth laws are inconsistent, which law prevails?
When state and Commonwealth laws are inconsistent, which law prevails?
Commonwealth law prevails
What happens if Commonwealth law prohibits conduct that state law permits?
What happens if Commonwealth law prohibits conduct that state law permits?
The state law becomes inoperable
Is a state law automatically invalid when it conflicts with Commonwealth law?
Is a state law automatically invalid when it conflicts with Commonwealth law?
No, it must be challenged in court first
What happens if the conflicting Commonwealth law is later repealed?
What happens if the conflicting Commonwealth law is later repealed?
The state law revives and regains effect
In McBain, which Commonwealth Act prohibited discrimination based on marital status?
In McBain, which Commonwealth Act prohibited discrimination based on marital status?
Sex Discrimination Act 1984 (Cth)
What was the outcome in McBain v State of Victoria (2000)?
What was the outcome in McBain v State of Victoria (2000)?
Victorian law became invalid
What does the 'covering the field' doctrine mean?
What does the 'covering the field' doctrine mean?
Commonwealth law is a complete statement
The Marriage Act 1961 (Cth) sets the marriageable age at what?
The Marriage Act 1961 (Cth) sets the marriageable age at what?
18 years
To what extent is a state law invalid under section 109?
To what extent is a state law invalid under section 109?
To the extent of the inconsistency