and others) in the Commonwealth to still be exercisable by the States. Section 51 provides the Federal Parliament with the power to make laws for the peace, order, and good government of Australia with respect to an enumerated list of powers. These are concurrent powers which may be exercised by both the Commonwealth and the States, but if there is a conflict between the two, the Commonwealth law prevails in accordance with section 109.

In early Australian jurisprudence,