Question
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
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started