First Principles of Business Law
Quiz: The organisation of law and government in Australia

Question 19

 

 

 

Suppose that, in July 2011 the Commonwealth government properly observes all the procedures for enacting legislation that regulates aspects of primary school education.  No power to regulate such matters is mentioned in the Commonwealth constitution. 

In the light of these facts, which one of the following statements is correct?

(a)  Despite having observed proper procedures, the Commonwealth legislation cannot be valid because the Commonwealth government has no legislative powers beyond those granted in the Commonwealth constitution.

(b)  As long as there is no contradictory state legislation in relation to the matters dealt with in the Commonwealth Act, it will be treated as legally valid.

(c)   Since the Commonwealth constitution does not expressly prohibit the Commonwealth legislature from enacting laws that regulate primary education, the legislation will be valid.

 

 

 

 

 

 

 

 

  
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