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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 Thus the state law becomes inoperative until such time that the federal law is repealed and then the state law can apply again.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 mon