Approach To Interpretation
The evolution of High Court doctrine in s 109 cases has led to three broad approaches to determine when there is inconsistency:
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- is it impossible to obey both laws? (the "simultaneous obedience" test)
- does one law confer a right which the other purports to take away? (the "conferred rights" test)
- does the federal law cover the field in question? (the "cover the field" test)
The first two tests, and in particular the first, are said to involve direct inconsistency, while the third test is said to be one involving indirect inconsistency.
Read more about this topic: Section 109 Of The Constitution Of Australia
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