Section 109 of the Commonwealth Constitution provides that where there is an inconsistency between a Commonwealth law and a State law:

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Section 109 of the Commonwealth Constitution states that where there is an inconsistency between a Commonwealth law and a State law, the Commonwealth law shall prevail. This is based on the principle of parliamentary sovereignty, which gives the Commonwealth Parliament the ultimate law-making authority in Australia. Therefore, even if a State law was made first or more recently, it must yield to a conflicting Commonwealth law.

Section 109 of the Commonwealth Constitution Provides That Where There