Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

The Queensland State Government enacts a law setting a maximum class size of 25 students for any public secondary school in Queensland. The following year,

The Queensland State Government enacts a law setting a maximum class size of 25 students for any public secondary school in Queensland. The following year, the Federal Government introduces a nationwide regulation requiring all Australian secondary schools to accommodate at least 30 students per class, due to concerns about the growing population. Which of the following statements is accurate?

a.

As this matter falls under the Queensland Government's exclusive powers, according to section 51 of the Australian Constitution the Federal law is invalid.

b.

As this matter falls under the concurrent powers shared by both the Federal and State governments, both laws are valid. The Queensland law will exist only in Queensland and the Federal law will be applied to all other States and Territories.

c.

This matter falls under Queensland's residual powers. As the Federal Government lacks authority to legislate in this area, the Federal legislation will be invalid.

d.

This matter falls under the Federal Government's exclusive powers, as defined in section 51 of the Australian Constitution, making the Queensland law invalid.

e.

This matter falls under the concurrent powers shared by both the Federal and State governments. However, in cases where Commonwealth and State law conflict, according to section 109 of the Constitution, Commonwealth law prevails over the State law (to the extent of the inconsistency) and therefore the Queensland law will be invalid.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Andersons Business Law and the Legal Environment

Authors: David p. twomey, Marianne moody Jennings

21st Edition

1111400547, 324786662, 978-1111400545, 978-0324786668

More Books

Students also viewed these Law questions