SECTION 109 Australian CONSTITUTION

 The Australian Constitution also provides the Commonwealth with some exclusive powers, some concurrent powers but leaves the residue of those powers to the States. At section 109 it also provides: “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.” Explain the difference between Commonwealth and State law making powers under the Australian Constitution and how section 109 operates with particular reference to the recent High Court decision in Commonwealth v ACT (Same-Sex Marriage) [2013] HCA 55.