R v MacFarlane [1923] HCA 39

South

easralig Australia 67

ia 161 i 148 'ALR 553

51s HIGH COURT

(HIGH COURT OF AUSTRALIA.} THE KING

AGAINST

MACFARLANE AND OTHERS.

Ex parte O'FLANAGAN ayp Ex parte O'KELLY.

O'FLANAGAN AND OTHERS . " - . Prat'

AGAINST

MACFARLANE AND OTHER'

. Derrenp

H.C, or A, Constitutional Law—Powers of Commonwealth Parliament—Immigration—Exten 1923. power—Deportation after entering Commonwealth—British subject—Intention | ated settle—Visitor to Commonwealth—The Constitution (63 & 64 Vict. c. 12),

MELsourNE, 51 (xxvut.), 71—Immigration Act 1901-1920 (No. 17 of 1901—No. 51 of 192 May 29-31; sec. 8a*—Prohibition—Quo warranto—Certiorari—Board appointed to Tune 1. mend as to deportation—Non-judicial tribunal—Action to restrain J proc Perens before Board—Injunction—Interlocutory injunction—Challenging valAug. 28... «oe 8a ot the Immigration Aré10D1..>. alli formue cf aside at an

Knox c.3,, 1920 provides that '(1) Where the abolition of organized gover Isaacs, Higgins, Minister is satisfied that, within three who advocates the assassination 0 Rich and" years after the arrival in Australia of a public officials or who advocat Starke JJ. person who was not born in Australia, teaches the unlawful destruc that person . . . (d) is a person property, or who is a member

who advocatesthe overthrow by foree or __ affiliated' with, any organization

violence of the established government __ teaches any of the doctrines and

of the Commonwealth or of any State, tices specified in this pa

or of any other civilized country, or of he may, by notice in writing,

O.L.R.] OF AUSTRALIA.

~ Commonwealth statute—Criminal prosecution pending—Canse of action—A ppre- hension of irreparable injury—Judiciary Act 1903-1920 (No. 6 of 1903 of 1920), secs. 31-33, 80—Crimes Act 1914-1915 (No. 12 of 1914— 1915), sec. 244 [War Precautions Act Repeal Act 1920 (No. 54 of 1920), sec. 12].