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 provides that where there is an inconsistency between a Commonwealth law and a State law, the Commonwealth law shall prevail. This is because the Constitution grants the Commonwealth Parliament the power to make laws with respect to certain matters, and where these laws are inconsistent with State laws, the Commonwealth law prevails to the extent of the inconsistency.

Section 109 of the Commonwealth Constitution Provides That Where There