Which of the following statements is CORRECT?Question 3Answera.If there is inconsistency between Commonwealth law and state law, the state law prevails over Commonwealth law.b.Matters about which only the Commonwealth Parliament can enact laws are known as the exclusive powers of the Commonwealth Parliament.c.In Australia, the Commonwealth Constitution gives state parliaments exclusive powers to create legislation in some areas.d.In Australia, legislation can be created by the federal parliament exercising its exclusive and residual powers in accordance with the Commonwealth Constitution.
Question
Which of the following statements is CORRECT?Question 3Answera.If there is inconsistency between Commonwealth law and state law, the state law prevails over Commonwealth law.b.Matters about which only the Commonwealth Parliament can enact laws are known as the exclusive powers of the Commonwealth Parliament.c.In Australia, the Commonwealth Constitution gives state parliaments exclusive powers to create legislation in some areas.d.In Australia, legislation can be created by the federal parliament exercising its exclusive and residual powers in accordance with the Commonwealth Constitution.
Solution
The correct statement is:
b. Matters about which only the Commonwealth Parliament can enact laws are known as the exclusive powers of the Commonwealth Parliament.
Explanation:
a. This statement is incorrect. According to Section 109 of the Australian Constitution, if a state law is inconsistent with a law of the Commonwealth, then the latter shall prevail, and the former shall be invalid to the extent of the inconsistency.
c. This statement is incorrect. The Australian Constitution does not give state parliaments exclusive powers to create legislation in some areas. Instead, it outlines areas where both the Commonwealth and the states can legislate (concurrent powers), and areas where only the Commonwealth can legislate (exclusive powers).
d. This statement is incorrect. While the federal parliament can create legislation using its exclusive and concurrent powers, residual powers (those not mentioned in the Constitution) are left to the states.
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