High Court of Australia
30 HIGH COURT [1951.
[HIGH COURT OF AUSTRALIA.)
QUEENSLAND NEWSPAPERS PTY. LTD. . Appetuanr ; InFoRMANT, AND McTAVISH . 2 P s ' 2 : . RESPONDENT. DEFENDANT,
H. ©. or A, Constitutional Law (Cth.)—Defence—National security—Landlord and tenant—
1951. Restriction on eviction of protected persons—Alternative accommodation— Ww Dessation of hostilities War time legislation and regulations thereunder— BRISBANE, Operation—D'ransitional period—Continuance—Validity of legislation and June 21, 22. regulations—The Constitution (63 & 64 Vict. c. 12), 8. 51 (vi.), (amxix.)— Merpourne, Defence (Tranaitional Provisions) Act 1946-1949 (No. 77 of 1946—No. 70 of OR. 1949), s. 6 (1)—National Security Act 1939-1946 (No. 15 of 1939—No. 15 of 1946), s. 19—National Security (War Service Moratorium) Regulations (S.R.
a, 1942 No. 4871948 No. 109), regs. 28a, 30*. Wiliams, Regulations 28a and 30 of the National Security (War Service Moratorium) Reet Regulations impose restrictions upon the ejectment of a dlass of persona which
includes members and discharged members of the armed forces; women and parents depending or recently depending upon such members or receiving pensions payable in consequence of their death or incapacity.
Held that on their true construction the purpose of the regulations was not to confer on members or former members of the armed forces some recom- pense or reward for war service but was to deal with conditions arising out of and in the course of the war and existing in the transition from war to peace, Accordingly the Defence (Transitional Provisions) Act 1946-1949, to the extent to which it purported to continue the regulations in force until 31st December 1950, is not authorized by the defence power and is invalid.
Collins v. Hunter, (1949) 79 C.L.R. 43, applied.
ORDER TO REVIEW.
Queensland Newspapers Pty. Ltd. as landlord gave notice' to Archibald Gordon McTavish, to quit and deliver up possession of certain premises being part of Victory Chambers, Adelaide Street,
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