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Inconsistency of laws.

109. When a law of a State is inconsistent450 with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

HISTORICAL NOTE.—Clause 3, Chap. V. of the Commonwealth Bill of 1891 was in the same words, and was adopted verbatim at the Adelaide session in 1897. At the Melbourne session, Mr. Reid suggested the insertion, after “law of the Commonwealth,” of the words “upon a subject within the legislative powers of the Commonwealth.”


  ― 939 ―
Mr. Symon and Mr. Isaacs explained that this was unnecessary, as a law of the Federal Parliament outside the legislative powers of the Commonwealth would be no law. (Conv. Deb., Melb., pp. 643–4.) After the first report, Mr. Barton, at Mr. Reid's suggestion, moved the same amendment, to remove doubts. On Mr. Reid's request for a postponement, the amendment was withdrawn. (Id. pp. 1911–3.)

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