Unchallenged Legislation• Commonwealth Government passes laws regarding areas of

responsibility not listed in the constitution (residual powers belonging to the States)

• These laws are therefore most likely unconstitutional (ultra vires).• State Governments do not challenge the validity of the laws in the

High Court.• High Court cannot declare laws invalid unless the matter is brought before them by a State Government or an affected person.• Examples: Snowy Mountain Scheme, and the CSIRO.• Impact in shifting power minimal because if the States have a problem with this Commonwealth intrusion into residual power, they can challenge it!