Section 109 of the Constitution means that in such cases where the federal law and state law is in conflict; the federal law is the one that prevails. Thus the state law becomes inoperative until such time that the federal law is repealed and then the state law can apply again. .
In the Australian legal system the Constitution (s.61) provides that the executive power of the Commonwealth is vested in the Queen and exercisable by the Governor-General. The Queen is thus one of the 3 elements of parliament (s.1) and effectively the head of State. The Governor represents the Queen in each of the States and exercises all the functions and powers of Her Majesty in respect of the State, the only power excepted being the power to appoint, or terminate the appointment of a governor. Apart from the function as head of State, the role of the Queen when she is personally present in a State, may exercise any of the powers of a governor. However, it is specifically provided that advice in respect of the exercise of the powers and functions of the monarchy in respect of a State shall be tendered by the premier of that State. The specific powers conferred by the Constitution Acts of the States on the governor include assenting to bills passed by the houses of parliament. It used to be that the Monarch had the power to disallow bills assented to by the governor but this has been repealed by the Australia Acts.
Also In three States, judges of the Supreme Court are removable by the Queen on an address by the legislature; in the other three States by the governor on an address from the legislature. But the distinction is one of form only because under the Australia Acts s. 7(2), the powers of the Queen are vested in the State governors. .
Constitutionally, the monarch has a superior status to that of the governors. She has a hereditary position determined by a mixture of convention and statutory law under the laws of the United Kingdom.
