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First Principles of Business Law |
| Government and law in Australia |
| 6. Shared legislative powers |
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6.2. Federal, state and territory laws that overlap without conflicting |
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Sometimes both the federal government and a state or territory government enact legislation on the same matter, but without creating a conflict. For example, identical provisions might be enacted at state and federal level; or federal legislation may deal with aspects of the matter not covered by the state legislation. When this happens (and it does), what approach is applied in Australia?
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(a) If there is any overlap between federal and state or territory laws, the federal law invalidates the state or territory laws, even if the provisions do not conflict. (b) If there is any overlap between federal and state or territory laws, both federal and state provisions operate alongside each other, as long as their provisions do not conflict. |
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