Hey guys,
I thought a lot of questions were very poorly worded. Despite this, I think it was an easy exam and I don't understand how VCAA haven't figured out how to maintain some consistency between years yet.
For the section 109 question, I confused myself halfway through my answer and said that although s.109 does restrict state parliament because the inconsistent part of their law will be invalid, it doesn't completely restrict them because they still have residual powers for which they are completely autonomous in their law-making. Do you think this is too far a stretch? Was the answer that it doesn't completely restrict them because ONLY the inconsistent part will be invalid, not the whole law?
I'm pretty sure you had to talk about how it restricted their concurrent powers, because if there is an inconsistency it becomes invalid. I'm just assuming that because part A of the questions was a 2 mark concurrent question (from memory).
S.109 only applies to concurrent powers, I think residual and exclusive powers were irrelevant to this question.
While s.109 only applies to concurrent powers, the question was along the lines of to what extent does s.109 restrict law-making powers of the States and for being the amount of marks it was (I think 7) you would need to have mentioned that although 109 constricts the States and Cmth legislating on the same areas, the States are able to make legislation in residual areas that the Commonwealth cannot do so therefore, it is not completely restricted as a law maker.
The amount of marks was actually 4 for this question. You don't HAVE to mention residual powers, the question is not specifically asking for that and it is kind of irrelevant to the question really. Its asking for the impact of s.109, residual powers have nothing to do with section 109.
That question kind of shocked me as in all the practise exams i did, i didn't come across a question along those lines. There were a number of questions that were in that same category in the exam, such as the first one and the VLRC one.
I was expecting there to be more evaluations, a referendum question and a comparison in constitutional approaches. These were in the the exam but they were not as prominent as i thought they would be