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His Honour Dixon J Observed in Ex Parte McLean (1930)

Question 38

Multiple Choice

His Honour Dixon J observed in Ex parte McLean (1930) 43 CLR 472 at 483:


A) the mere fact of the coexistence of a Federal and State law concerning the same matter is enough to constitute inconsistency.
B) the intention of the legislature is irrelevant when resolving a dispute between coexistent laws of Federal and State parliaments.
C) even if a federal law is intended to be supplementary to a state law, there will still be inconsistency where the laws govern the same matter.
D) when a federal law declares its intention to exclusively govern a particular matter it is inconsistent for a law of a State to govern the same matter.

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