VIC Commonwealth Vs State control?

[Danman132]

Does anyone know if a legal matter being addressed by the Commonwealth can be handed over to the States and thus be placed under state control. What about in areas where the federal government has exclusive powers as per the constitution?

Basically what I'm asking is if the federal government has jurisdiction over a certain matter where it has exclusive powers as per s51 of the constitution, do they have any authority to eschew the legislated commonwealth laws in relation to that matter so that the state laws have jurisdiction instead?

I would assume that this is allowed where the federal legislation says the state laws can work concurrently but only to the extent of any inconsistencies as per s109 of the constitution. Is that correct?

 

[Tim W]

Can I suggest that you just ask the question you want an answer to?

 

[Danman132]

That's the question!

 

[Rod]

Sounds like a homework question a law student would pose.

If not, Tim wants to know what gives rise to your question, what are the underlying facts.

 

[Danman132]

Well if I'm still at school then I'll eat my big toe
I'm looking at possibilities, that's it.

If the Federal Government has exclusive powers over a given area and has legislated accordingly, can they then pass control of the related matter over to the states. I can't give you specifics. The question is if a general nature and we are looking at a possible response from the government on a range of matters. However, the 'matter' is in relation to the legal ability of the Federal Government to hand over legislative power to the states from an area of which it has exclusive powers I know for example, Delegated Legislation can't be passed on to o the states in a way that conflicts with the legislation it is delegating. There may be other ways in which it can. We just don't know the answer to that. We thought someone here might.

Please exercise some understanding here. I'm not trying to trick anyone!

Thanks for your support so far

 

[Tim W]

You are not actually asking a question of high theory,
based on some arcane point of constitutional law.
You're question has come out of somewhere, and something.

If you want more than "Sometimes, it depends."
then you'll need to provide some background and context.

Ask your question, in context, and we'll try and help you out.

 

[sammy01]

ok so high school legal studies?
Section 51 of the constituiton outlines the stuff the Federal govt can pass laws about. Anything else is a state issue. So no the fed can't tweak laws so that it becomes a state issue.

That about answers that unless you're asking because you're a soverign citizen idiot and if you are then good night and good luck. That is all. Nothing else from me. I don't like idiots...

 

[Danman132]

Thanks for your response, and the personal attack!
We assumed this about S51 but could not find a reference to it.

 

[sammy01]

Hey, no personal attack from me. Unless you are one of those tin hat wearing soverign citizen nutters. If you are, well read up and learn that you're wrong.

 

[Tim W]

For the benefit of those who read this later...
Let's cut to the chase.

Yes, they can lock you down.
Yes, you have to wear a mask when and how they say.
Yes, they can bill travellers for the cost of their iso-hotel.
No, you can't sue anybody for any of this.