High Court of Australia
Fol.
ay
H.C. or a. 1918. —
Mezzournn,
Sept. 17, 26.
Barton, Isaacs, Gavan Duffy
War Precautions—Regulations—V ali
HIGH COURT
[HIGH COURT OF AUSTRALIA]
SICKERDICK z é 3 ') . APPELLANT: — INFORMANT, AND ASHTON 5 : zs : @ . . ResponpEyr. DEFENDANT, a
ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.
—Power of Commonwealth Parliament— Defence—Raising forces for service outside the Commonwealth—Statements prejudicial to recruiting—The Constitution (63 & 64 Vict. c. 12), sec. 51 (v1) — —War Precautions Act 1914-1916 (No. 10 of 1914—No, 3 of 1916), sec. 4— War Precautions Act (No. 2) 1915 (No. 39 of 1915), sec. 4—War Precautions Regulations 1915, reg. 28 (Statutory Rules 1915, No. 130; Statutory Rules 1916, No. 159; Statutory Rules 1917, No. 207)—Justices Act 1915 (Vict.) (No. 2675), sec. 150.
The power to make laws with respect to defence conferred hy sec. 51 (V1-) of the Constitution is not limited to the making of laws with respect to measures of defence to be taken within the territorial limits of the Commonwealth, and, therefore, the War Precautions Act 1914-1916, so far as it deals with the recruiting of forces for service outside Australia, is within that power.
a penalty the making in any circular or other printed publication of statements
likely to prejudice the recruiting, &c., of any of His Majesty's Forces, is within
:
Reg. 28 (1) (b) of the War Precautions Regulations 1915, which prohibits under
s
the power conferred by sec. 4 (1) (i) of the War Precautions Act 1914-1916. i
On an appeal from the dismissal of an information charging the defendant under reg. 28 with printing a printed publication in which statements were : made likely to prejudice recruiting,
Held, by Barton, Isaacs and Rich JJ., notwithstanding the finding of the 4 Police Magistrate to the contrary, that the statements made were likely to prejudice reeruiting.
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