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Wednesday, 15 June 1904


Mr ISAACS (Indi) - I should like to direct the attention of the Attorney-General to one matter which seems to me unprovided for. Section 109 of the Constitution provides for conflicts between the law of the Commonwealth and the law of the States, and enacts that, if there be an inconsistency, the law of the Commonwealth shall prevail. This clause provides for a conflict between awards of a State Court and the Commonwealth Court, and states that to the extent of the inconsistency the latter shall prevail. So far as I can see, however, no provision is made fop a conflict between an award of the Commonwealth Court and the law of a State. If a State chose to make provision by Act of Parliament in conflict with an award of the Commonwealth Court there would be no means of determining which should prevail.







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