After a major bushfire season, the Commonwealth Parliament passes the National Evacuation Standards Act 2027 (Cth), requiring that any evacuation order issued during a declared national emergency must allow residents to take companion animals and must not require payment of any fee for transport. The Commonwealth says the Act is supported by a head of power in s 51 of the Australian Constitution.
Queensland then passes the Queensland Emergency Management Amendment Act 2027 (Qld), which allows local councils to refuse animal transport on safety grounds and permits councils to charge a fee to cover evacuation bus costs.
A Queensland council argues that Queensland should simply “change the Constitution” so that the State can control evacuation rules in Queensland without Commonwealth interference. Using the division of powers (including s 51 and s 109) and the requirements for constitutional change under s 128, explain which law would prevail if the Acts are inconsistent and evaluate whether the council’s proposal to change the Constitution is likely to be easy or difficult to achieve.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 8 marks, testing your understanding of Australian Constitution features. It falls under Topic 1: Governance in Australia in Unit 3: Law, governance and change. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 3, students examine the complexities of the Australian legal system and its capacity to deal with the diversity of competing needs. They explore the role of legal institutions and law-making bodies in creating laws that reflect the views of society. Students consider the range of forces that create catalysts for change and reform, and how laws are changed or reformed to reflect shifting societal demands.
In Topic 1, students consider the processes and roles of government in shaping law in Australia and Queensland. They examine how federal and state or territory legal institutions respond to forces of change and the impact of landmark cases.
key features of the Australian Constitution, including: • the division of powers, e.g. s 51, s 109 • amending the Constitution, e.g. s 128
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