What occurs when a State law is inconsistent with a Commonwealth law?

When a State law is inconsistent with a Commonwealth law, the principle of federal supremacy applies, meaning that the Commonwealth law takes precedence. This principle is enshrined in Section 109 of the Australian Constitution, which states that when a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail. Consequently, the State law is rendered invalid to the extent of the inconsistency.

This mechanism ensures a uniform legal framework across the nation, preventing the potential chaos that could arise from having conflicting laws in different jurisdictions. The Commonwealth has the authority to legislate on certain matters, and when conflicts occur, its laws typically dominate, reflecting the hierarchical structure of the legal system in Australia.