High Court of Australia
High Court of Australia Barwick C.J. Gibbs, Stephen, Mason, Murphy and Aickin JJ. Attorney-General (NSW) (Ex rel McKellar) v Commonwealth [1977] HCA 1
ORDER The questions directed to be argued to be answered as follows:
(i) Whether s. 1A of the Representation Act 1905-1973 is a valid law of the Parliament?
Answer: Yes.
(ii) Whether s. 10 of the Representation Act 1905-1973 is a valid law of the Parliament?
Answer: Yes, But the amendment attempted to be made by the Representation Act 1964 never became part of the section.
(iii) Whether ss. 6, 7, 8 and 9 of the Representation Act 1905-1973 are valid laws of the Parliament?
Answer: Yes.
(iv) Whether s. 10 of the Representation Act 1905-1964 is a valid law of the Parliament?
Answer: Yes, but the amendment attempted to be made by the Representation Act 1964 never became part of the section.
(v) Whether, if the answer to any of the preceding questions is "No", the number of members of the House of Representatives in the several States should be determined—
(a) In the manner provided by some one or more of the sections of the Representation Act and, if so, which section or sections;
(b) In the manner provided by sub-pars (i) and (ii) of the second paragraph of s. 24 of the Constitution; or
(c) In some other and, if so, what manner?
Answer: Unnecessary to answer.
(vi) If the answer to (v) (b) is "yes" whether, in determining the number of members of the House of Representatives to be chosen in the several States in the manner provided by sub-pars (i) and (ii) of the second paragraph of s. 24 of the Constitution—
(a) the words "the number of the people of the Commonwealth" appearing in the said sub-par. (i) should be treated as including the people of the Australian Capital Territory and the Northern Territory; and
(b) the words "the number of the senators" appearing in the said sub-paragraph should be treated as including the senators for the Australian Capital Territory and the Northern Territory.
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