#AustralianPolitics.com » Feed AustralianPolitics.com » Comments Feed * Home * About * CONTACT * AUDIO + 1970 – 1979 o 1972 o 1973 o 1974 o 1975 o 1976 o 1977 o 1978 o 1979 + 1980 – 1989 o 1980 o 1981 o 1982 o 1983 o 1984 o 1985 o 1986 o 1987 o 1988 o 1989 + 1990 – 1999 o 1990 o 1991 o 1992 o 1993 o 1994 o 1995 o 1996 o 1997 o 1998 o 1999 + 2000 – 2009 o 2001 o 2002 o 2003 o 2004 o 2005 o 2006 o 2007 o 2008 o 2009 + 2010 – 2013 o 2010 o 2011 o 2012 o 2013 * WHITLAM DISMISSAL * WORDS * OPINION * U.S.A. + CONSTITUTION * U.K. * Follow Me On Twitter AustralianPolitics.com * DEMOCRACY + KEY TERMS + CONVENTIONS + PRESSURE GROUPS * CONSTITUTION + FULL TEXT + GOVERNOR-GENERAL + HIGH COURT + FEDERALISM + CONSTITUTIONAL REFORM * PARLIAMENT + GENERAL INFORMATION + FUNCTIONS + HOUSE OF REPRESENTATIVES + SENATE + PARLIAMENT IN ACTION + LEGISLATION + PARLIAMENTARY COMMITTEES + HANSARD + BACKBENCHERS + FIRST / MAIDEN SPEECHES + OPPOSITION + QUESTION TIME + DOUBLE DISSOLUTIONS + SPEAKER & OTHER PEOPLE + PARLIAMENTARY REFORM * EXECUTIVE + CABINET & MINISTRY + PUBLIC SERVICE + PRIME MINISTER + - JULIA GILLARD + - KEVIN RUDD + - JOHN HOWARD + - PAUL KEATING + - BOB HAWKE + - MALCOLM FRASER + - GOUGH WHITLAM * PARTIES + REGISTERED PARTIES + AUSTRALIAN LABOR PARTY + LIBERAL PARTY + THE NATIONALS + GREENS + AUSTRALIAN DEMOCRATS + PAULINE HANSON’S ONE NATION * VOTING/ELECTIONS + ELECTORAL SYSTEM – FEATURES & HISTORY + FEDERAL & STATE ELECTIONS + ELECTION STATISTICS + ELECTION COSTS, FUNDING & DONATIONS + VOTING BEHAVIOUR * STATES + NEW SOUTH WALES + VICTORIA + QUEENSLAND + WESTERN AUSTRALIA + SOUTH AUSTRALIA + TASMANIA + AUSTRALIAN CAPITAL TERRITORY + NORTHERN TERRITORY + LOCAL GOVERNMENT * TOPICS + CLICK HERE FOR A LIST OF TOPICS & ISSUES + FOREIGN POLICY * REFORM * LISTS __________________________________________________________________ You are here: Home / Constitution / Constitution Text / Australian Constitution – Chapter 5 Australian Constitution – Chapter 5 The States Sections 106-120 Section 106 – Saving of Constitutions The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission of establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. Section 107 – Saving of Power of State Parliaments Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be. Section 108 – Saving of State laws Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State. Section 109 – Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. Section 110 – Provisions referring to Governor The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State. Section 111 – States may surrender territory The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth. Section 112 – States may levy charges for inspection laws After uniform duties of customs have been imposed, a State may levy on imports, or on goods passing into or out of the State such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth. Section 113 – Intoxicating liquids All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the State as if such liquids had been produced in the State. Section 114 – States may not raise forces – Taxation of property of Commonwealth or States A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, not shall the Commonwealth impose any tax on property of any kind belonging to a State. Section 115 – States not to coin money A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts. Section 116 – Commonwealth not to legislate in respect of religion The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. Section 117 – Rights of residents in States A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. Section 118 – Recognition of laws, &c. of States Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceeding of every State. Section 119 – Protection of States from invasion and violence The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence. Section 120 – Custody of offenders against laws of the Commonwealth Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effects to this provision. Print Friendly Search AustralianPolitics.com _____________________________________ Search Google Custom Search AustralianPolitics.com at The Drum Click here to read my articles at The Drum > Read my 2010-12 columns here > Read my 2010 Campaign Diary here Try A Tag Bill Shorten China John Brumby Mark Latham maiden speech HSU Mitt Romney interest rates 2007 Election Ted Baillieu Tsunami Barack Obama Peter Costello George W Bush Malcolm Fraser Julia Gillard Joe Hockey Brendan Nelson Queensland floods carbon tax Bob Carr National Press Club Tony Windsor Christmas Jeff Kennett Twitter John McCain leadership Rob Oakeshott WorkChoices Liberal Party COAG Glenn Stevens Julie Bishop Laurie Oakes Craig Thomson flood levy Tony Abbott AWU climate change Gough Whitlam Budget Reserve Bank Pauline Hanson Paul Keating New Year Andrew Wilkie John Howard Stephen Smith 9/11 Peter Slipper James Ashby Bob Brown Simon Crean Afghanistan Queen Elizabeth II Kevin Rudd Jenny Macklin Anna Bligh State of the Union Wayne Swan Iraq Malcolm Turnbull Meg Lees Campbell Newman floods Robert Hill financial crisis Kim Beazley Indonesia Steve Bracks GST Peter Beattie Alexander Downer Warren Truss Chris Bowen Bob Hawke terrorism Bill Clinton Christopher Pyne Recent Posts * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * ‘One Today’ – Richard Blanco’s Inaugural Poem * President Barack Obama’s Second Inaugural Address * The Inauguration Of A President * President Barack Obama Takes Oath Of Office And Begins His Second Term * Joe Biden Takes Oath Of Office For Second Term As Vice-President * British Foreign Secretary William Hague’s Howard Lecture * Howard Lecture: Tony Abbott Introduces William Hague Gillard Government * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * Unemployment Rate Increases 0.1% To 5.4% * Kevin Rudd’s Plans For 2013 * Gillard Announces Agreement With Social Networking Sites Over Cyberbullying * Gillard And Swan Look To The Election * Gillard And Rudd: 935 Days Each As Prime Minister * Jenny Macklin Apologises For Comment About The Dole * Royal Commission Into Child Sexual Abuse: Commissioners, Terms Of Reference Announced Occasional Opinion * Who Will Win The 2013 Federal Election? – Part 1 * Julia Gillard’s Place Amongst The List Of Australian Prime Ministers * When Will The 2013 Federal Election Be Held? * When Is A Shift Not A Shift? * Peter Slipper Stands Aside As Speaker * Gillard And Her Caucus: Sink Or Swim Together * Will Labor Keep Marching Off The Cliff? * The Labor Leadership: A Time Of Peril And Opportunity * Poker Machine Doublespeak * The Iowa Caucuses: A Model Of Participatory Democracy? Return to top of page Copyright © AustralianPolitics.com 1995-2013 · Log in