In 2027, the Australian Parliament passes the Clean Air at Schools Act 2027 (Cth). The Act requires every primary and secondary school in Australia (government and non-government) to install air-quality monitoring devices and to meet minimum indoor air standards. It also creates a national register of school air-quality data.
Queensland’s Parliament responds by passing the Queensland Schools Ventilation Act 2027 (Qld). It sets different ventilation requirements for Queensland schools and prohibits schools from sending air-quality data to any body outside Queensland unless the Queensland Minister approves.
A Queensland non-government school argues it is being given inconsistent directions and asks for legal advice about which Parliament has power to make these laws and what happens if the laws conflict.
b. Explain how s 109 of the Australian Constitution could apply to the two Acts if a Queensland school cannot comply with both the Commonwealth data-register requirements and the Queensland restriction on sending data outside Queensland.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 3 marks, testing your understanding of Division of powers application. 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.
application of the division of powers, i.e. differing legislative powers of federal and state parliaments under the Constitution, e.g. health, education, immigration, environment
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