R v Phillips [1970] HCA 50

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer, Owen, Walsh and Gibbs JJ. R v Phillips [1970] HCA 50

ORDER The questions asked by the District Court of Western Australia are answered as follows: Q. (a) Does the indictment disclose an offence under the laws of Western Australia? A. No. Q. (b) If the answer to question (a) is Yes, has this Court jurisdiction to try the accused for the offence alleged in the indictment? A. Unnecessary to answer.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 30 Barwick C.J.

The Court decided in Worthing v Rowell and Muston Pty Ltd [1] that s. 52 (i.) of the Australian Constitution denies legislative power to the States to enact laws which will operate to regulate or control the conduct of persons—in that case, building operations—in a place which theretofore had been acquired by the Commonwealth for public purposes. In reaching that conclusion, the Court decided that the denial of legislative power to the States by s. 52 (i.) was not limited to the making of laws expressed specifically to operate in the place acquired by the Commonwealth: the generality of the State law, as a law regulating or controlling the conduct of persons throughout the area within the territorial limits of the State will not save it from invalidity in so far as it would operate in the place which had been acquired by the Commonwealth. The Court rejected the view that the legislative power of the Commonwealth granted by s. 52 (i.) was limited to the making of laws with respect to the seat of government, as such, or to places acquired as such or as places.

1. (1970) 123 C.L.R. 89.

The question whether a State Act regulating the conduct of persons generally in the area within the territorial limits of the State continues to operate in a place which is acquired by the Commonwealth for public purposes subsequent to its enactment was not decided by the Court. That question now arises for our decision.