High Court of Australia
Cons Brandy,
Cons eee Sy.
man Ri Berd ye CBS SECCCES Geet is
67 C.L.R.] OF AUSTRALIA. 413
{HIGH COURT OF AUSTRALIA.)
THE VICTORIAN CHAMBER OF MANUFAC-
TURES AND OTHERS PLAINTIFFS ;
AND
THE COMMONWEALTH AND ANOTHER . Derenpants. (INDUSTRIAL LIGHTING REGULATIONS.)
Constitutional Law—Defence—National security—Industrial lighting—Regulations— yy. (. ox A. Validity—Reading down—Judicial power—T he Constitution (63 & 64 Vict. c. 12), 1943. 88. 51 (vi.), T1—Acts Interpretation Act 1901-1941 (No. 2 of 1901—No. 7 of W~ 1941), s. 46 (b)—National Security Act 1939-1940 (No. 15 of 1939—No. 44 of MrLzourns, 1940), s. 5 (1)—National Security (Industrial Lighting) Regulations (S.R. 1942 June 24.
No. 302). Sypnery, The National Security (Industrial Lighting) Regulations are not authorized Aug. 16.
sehal Seouril 1939- beyond the def by the National Security Act 1939-1940 and are beyond the defence power of yy,
the Commonwealth Parliament. Per Latham C.J., McTiernan and Williams 'ich, Starke, JJ. : It is impossible to apply s. 46 (b) of the Acts Interpretation Act 1901-1941 MWyigman 304 to these Regulations.
Per Latham C.J. (semble) and Starke J.: Reg. 7 of the National Security
(Industrial Lighting) Regulations contravenes s. 71 of the Constitution.
Demvurrer. The Victorian Chamber of Manufactures (which was incorporated
in Victoria as a company limited by guarantee and the members of which included upwards of 2,800 owners and/or occupiers of industrial premises as defined by the National Security (Industrial Lighting) Regulations) and two proprietary companies which were such owners and occupiers and the premises of which were specified in the order of the Minister referred to hereunder brought an action in the High Court against the Commonwealth and the Minister for Labour and National Service. In their statement of claim the plaintiffs referred to an order of the Minister published in the Commonwealth Gazette on 21st December 1942 purporting, in pursuance of reg. 5 VOL. LXVII. 27
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