Law-making in Australia
Who makes law
Parliament is the primary law-maker, but its power is limited by the Constitution. The Commonwealth has enumerated powers (for example s 51) and exclusive powers; the states retain residual powers. Territory governments operate under Commonwealth legislation. Legislation passes both houses (Queensland and the territories are unicameral), receives royal assent and commences as provided. Delegated legislation-regulations, rules, by-laws-is made by the executive under statutory authority and is subject to parliamentary disallowance and judicial review.
Federal conflict and change
Section 109 gives Commonwealth law supremacy where a valid Commonwealth law and a valid state law are inconsistent; the state law is inoperative to the extent of inconsistency, not invalid. Inconsistency may be direct or indirect (“cover the field”). Constitutional change requires a referendum under s 128: a national majority and a majority of states (double majority). The High Court interprets the Constitution and can strike down laws beyond power.
Traps and worked example
Do not say s 109 “invalidates” state law; it renders it inoperative. Do not confuse delegated legislation with an Act of parliament. A referendum does not need a majority in every state. Worked example: a Commonwealth law permits an activity, while a state law forbids it. The laws conflict directly; s 109 makes the state prohibition inoperative to that extent. Rule of thumb: first ask whether each law is within power, then whether the laws can be read together, then apply s 109.