The Commonwealth v Queensland

The Commonwealth of Australia brought proceedings against the State of Queensland in the High Court of Australia concerning the validity of certain Queensland legislation. The dispute centred on the interpretation and application of the *Commonwealth Electoral Act 1918* (Cth) and its interaction with Queensland's *Electoral Act 1992* (Qld).

The High Court was required to determine whether the Queensland Act, by prescribing different criteria for enrolment and voting for federal and state elections, contravened section 109 of the *Constitution*. Specifically, the Court had to consider whether the Queensland Act, in its operation, was inconsistent with the provisions of the *Commonwealth Electoral Act 1918* (Cth) concerning the qualifications of electors and the conduct of federal elections.

The Court reasoned that section 109 of the *Constitution* mandates that where a state law is inconsistent with a Commonwealth law, the Commonwealth law prevails and the state law is to that extent invalid. Applying this principle, the Court found that the Queensland Act, by imposing requirements for federal elections that differed from those mandated by the Commonwealth Act, created an impermissible inconsistency. The Court emphasised that the Commonwealth Parliament has exclusive power to legislate with respect to federal elections, and state legislation cannot operate to frustrate or impede the exercise of that power.

The High Court declared that the provisions of the *Electoral Act 1992* (Qld) that purported to regulate enrolment and voting for federal elections were invalid to the extent of their inconsistency with the *Commonwealth Electoral Act 1918* (Cth).