de Mestre v Chisholm [1944] HCA 8

69 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.] pe MESTRE . : . " 5 i 7 . APPLICANT ; AND

CHISHOLM AND ANOTHER . ' 0 . RESPONDENTS.

ON REMOVAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

National Security—Defence—Intoxicating liquor—Sale—Control and regulation— Licensed premises—Bars—Requirement to open and keep open during specified hours—Regulation—Order of State Premier—Validity—The Constitution (63 & 64 Vict. . 12), s, 51 (vi.)—National Security Act 1939-1940 (No. 15 of 1939— No. 44 of 1940), s. 5—National Security (Supplementary) Regulations (S.R. 1942 Nos. 132, 4381943 No. 63), reg. 45 (1), (14)—Liquor (Opening of Bars) Order (N.S.W.), 1943, No. 36.

The provisions of reg. 45 (1) and (1a) of the National Security (Supplementary) Regulations, empowering the Premier of a State to make an order requiring a licensee of licensed premises to open and keep open to the public during specified hours every bar on the premises, are authorized by s. 5 (1) of the National Security Act 1939-1940, and are within the defence power of the Commonwealth.

So held by Latham C.J., Rich, McTiernan and Williams JJ. (Starke J. dis- senting).

Cause removed to the High Court under s. 40 of the Judiciary Act 1903-1940.

Reg. 45 of the National Security (Supplementary) Regulations provides, so far as is material to this report, as follows :—" (1) Notwithstanding anything contained in the law of any State, where the Premier of the State is of opinion that it is in the interests of the defence of the Commonwealth or the effectual prosecution of the war that limitations or restrictions on the sale, supply, disposal, possession or use of intoxicating liquor in the State, additional to, or different from, the limitations and restrictions prescribed by the laws of the State, should be imposed, he may, by order published in