My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.
The states were there first and part of the British empire which later became the commonwealth. It was the agreement of the states that created Australia and the constitution sets out what powers were given up by the states to the Australian federal government.
No each state has its own powers to administer the criminal law, and other laws. They were never given up to the Federal Government.
You cannot challenge a state penalty with the constitution. You will lose. The states never gave up those rights.
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