State drug offences committed at Commonwealth places such as airports are validly prosecuted by the State DPP under the Commonwealth Places (Application of Laws) Act 1970 (Cth), which applies State law as surrogate federal law. There is no inconsistency between State drug laws so applied and Commonwealth drug legislation for the purposes of s 109 of the Constitution. The question of whether s 80 of the Constitution applies to State courts exercising federal diversity jurisdiction under the Judiciary Act was left open, pending the High Court's determination in Rizeq v Western Australia.
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