High Court of Australia
73 C.L.R.] OF AUSTRALIA. 213
[HIGH COURT OF AUSTRALIA.]
THE REAL ESTATE INSTITUTE OF NEW > ile SOUTH WALES AND ANOTHER Larne
BLAIR AND OTHERS. : 3 : ' DEFENDANTS.
Constitutional Law — Defence — National security — Regulations — Validity —Legis- 1, C. ow A. lative policy—Re-establishment of members and ex-members of the Forces~ 1946. Dependants—Unoccupied dwelling houses—Right of possession—Cessation of |= ~~ hostilities —War-time legislation and regulations therewnder—Operation-—Con- S¥DNEY, tinuance—Acquisition of property—Validity of legislation and regulations— Aug. 18, 14. Challenge—Parties—Competence—The Constitution (63 & 64 Vict. c. 12), ernounne, 8, 51 (vi.), (axxi.)—National Security Act 1939-1946 (No. 15 of 1939—No. 18 gut, 99, of 1946), ss. 5, 19—National Security (War Service Moratorium) Regulations (SR. 1941 No. 61-1946 No. 125), regs. 284, 30, 30a, 30a, 30aB, 30,0, ee
3 z ap 30aca, 304D, 3048, 30AF. McTiernan and
Williams JJ.
Provisions for the housing of even a limited class of members and ex-members of the Forces before or after the cessation of active hostilities are provisions for the defence of the Commonwealth within the meaning of s. 5 (1) of the National Security Act 1939-1946 and are authorized by the defence power; therefore regs. 30A, 3044, 30B, 30ac and 304D of the National Security (War Service Moratorium) Regulations, promulgated after the surrender of all enemy forces but following earlier provisions somewhat similar in character, are a valid exercise of the defence power.
Demvurrer. An action was commenced in the High Court by the Real Estate
Institute of New South Wales (hereinafter called " the Institute ") and Arthur Henry Collett as plaintifis against Keith Andrew William Blair, the Commonwealth of Australia, and the Attorney-General of the Commonwealth as defendants. The statement of claim, as amended, stated that the Institute is a company duly incorporated under the Companies Act 1899 (N.S.W.) and entitled to sue under
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