The Commonwealth Parliament passes the National Road Safety Act 2024 introducing a demerit point system for all driving offences across Australia. The Victorian Parliament subsequently passes the Victorian Driving Act 2025 which has a different demerit point allocation for speeding offences compared to the Commonwealth Act. Which of the following best describes the legal outcome, considering Section 109 of the Australian Constitution?
The Victorian Driving Act 2025 is valid as it addresses specific state needs and circumstances, and road safety is primarily a state issue.
The National Road Safety Act 2024 is invalid because it encroaches on the residual powers of the states to legislate on road safety matters.
The Victorian Driving Act 2025 is invalid to the extent of the inconsistency, and the National Road Safety Act 2024 will prevail regarding demerit points for speeding in Victoria.
Both the National Road Safety Act 2024 and the Victorian Driving Act 2025 are valid, and Victorian drivers will be subject to whichever law results in fewer demerit points for speeding offences.
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Create Free Account Log inThis is a free VCE Units 3 & 4 Legal Studies practice question worth 1 mark, testing your understanding of Section 109 Significance. It falls under The people and the law-makers in Unit 4: The people, the law and reform. Submit your answer above to receive instant AI-powered marking and personalised feedback.
The study of Australia’s laws and legal system includes an understanding of institutions that make and reform our laws. In this unit, students explore how the Australian Constitution establishes the law-making powers of the Commonwealth and state parliaments, and how it protects the Australian people through structures that act as a check on parliament in law-making. Students develop an understanding of the significance of the High Court in protecting and interpreting the Australian Constitution. They investigate parliament and the courts, and the relationship between the two in law-making, and consider the roles of the individual, the media and law reform bodies in influencing changes to the law, and past and future constitutional reform. Throughout this unit, students apply legal reasoning and information to actual and/or hypothetical scenarios.
The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.
the significance of section 109 of the Australian Constitution
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