Question

1. In your own words, briefly explain what are con-current powers AND the effect of s109 under the Australian Constitution.

Answer 1

Concurrent powers are powers that are shared by both the Federal government as well as states in making public policies and laws. Under concurrent powers, the Constitution has identified areas, like health, education, and taxation where both the Commonwealth (Federal) and states have the power to make laws.

Section 109 of the Constitution states that in case there is a conflict regarding any law under the concurrent powers between the states and the Commonwealth government, the federal laws will take precedence over the state laws. In such cases, the state laws stand invalid in the parts where it is inconsistent with the federal law.