ADMJ 101 Lecture Notes - Lecture 25: Racial Discrimination Act 1975
Document Summary
The powers enumerated in s 51 are concurrent powers". If a valid commonwealth law is inconsistent with a state law, the commonwealth law prevails and the state law is invalid to the extent of the inconsistency. See eg, maloney v the queen [2013] hca 28. If the commonwealth does not have constitutional power to make a law, that law will be struck down by the high court (hca). Contrast -plaintiff m68-2015 v minister for immigration and border protection. Subject to the commonwealth constitution, the queensland parliament has power to make laws for the peace, welfare and good government" of queensland. See constitution act 1867 (qld) s 2. The legislative assembly (elected members of parliament) See constitution act 1867 (qld) s 2a. Queensland abolished its upper house" (the legislative council) in 1922. The only australian state to have a unicameral legislature. Would need a referendum to reintroduce legislative council. See constitution act amendment act 1934 (qld) s 3.
