Bennett v Commonwealth of Australia [2007] HCA 18

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

GEOFFREY JAMES BENNETT & ORS PLAINTIFFS

AND

COMMONWEALTH OF AUSTRALIA DEFENDANT

Bennett v Commonwealth of Australia [2007] HCA 18

27 April 2007

S111/2006

ORDER

Questions reserved for the consideration of the Full Court answered as follows:

(1) Q Is s 3 of the Norfolk Island Amendment Act 2004 (Cth), in so far as it gives effect to:

(a) Items 1, 3 and 4 in Part 1 of Schedule 1 to that Act; and

(b) Item 5 in Part 1 of Schedule 1 to that Act to the extent that that item inserts into the Principal Act the following new provisions:

(i) paragraph 39A(1)(b); and

(ii) paragraph 39A(2)(a); and

(iii) section 39C; and

(iv) the definition of "Returning Officer" in section 39D,

valid?

A Yes.

(2) Q Who should pay the costs in respect of the special case?

A The plaintiffs.

Representation

R J Ellicott QC with G R Kennett for the plaintiffs (instructed by Wright Stell)

D M J Bennett QC Solicitor-General of the Commonwealth of Australia with K L Eastman for the defendant (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Bennett v Commonwealth of Australia

Constitutional Law (Cth) – Powers of federal Parliament – Territories – Section 3 of the Norfolk Island Amendment Act 2004 (Cth) ("the Act") amended the Norfolk Island Act 1979 (Cth) so as to make Australian citizenship a necessary qualification for voting for, and standing for election to, the Legislative Assembly of Norfolk Island – Whether the provisions of the Act giving effect to the amendments were supported by s 122 of the Constitution.

Constitutional Law (Cth) – Territories – Whether the challenge to the validity of the Act presented a political question not amenable to judicial determination – Whether "laws for the government" of a territory, to be valid, must provide for a form of government appropriate to the circumstances of the particular territory.