High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ
GUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJ
VICKIE LEE ROACH PLAINTIFF
AND
ELECTORAL COMMISSIONER & ANOR DEFENDANTS
Roach v Electoral Commissioner
[2007] HCA 43
Date of Order: 30 August 2007
Date of Publication of Reasons: 26 September 2007
M19/2007
ORDER
The questions stated in the Amended Special Case filed on 9 July 2007 be answered as follows:
(1)
Q. Are ss 93(8AA) and 208(2)(c) of the Act, and s 221(3) of the Act to the extent that it gives effect to these provisions, invalid because they are contrary to ss 7 and 24 of the Commonwealth Constitution?
A. Sections 93(8AA) and 208(2)(c) of the Act are invalid.
(2)
Q. Are ss 93(8AA) and 208(2)(c) of the Act, and s 221(3) of the Act to the extent that it gives effect to these provisions, invalid because they are beyond the legislative power of the Commonwealth conferred by ss 51(xxxvi) and 30 of the Constitution and any other head of legislative power?
A. Unnecessary to answer.
(3)
Q. Are ss 93(8AA) and 208(2)(c) of the Act, and s 221(3) of the Act to the extent that it gives effect to these provisions, invalid because they are contrary to:
(i) The freedom of political communication implied in the Constitution; or
(ii) A freedom of participation, association and communication in relation to federal elections implied in the Constitution?
1. Unnecessary to answer.
(3A)
Q. If the answer to question 1, 2 or 3, is "yes", are ss 93, 109, 208 and 221(3) of the Act as in force prior to the amendments (including repeals and substitutions) made to those and related provisions by the Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2006 (Cth), s 3 and Sched 1, items 3, 4, 13, 14, 15, 50, 61 and 62 in force and valid?
A. The provisions listed in the question are in force and valid.
(3B)
Q. If the answer to question 3A is "no", are ss 93 and 109 of the Act as in force prior to the amendments (including repeals and substitutions) made to those and related provisions by the Electoral and Referendum Amendment (Prisoner Voting and Other Measures) Act 2004 (Cth), s 3 and Sched 1, items 1-5 in force and valid?
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