cases

The Brislan case

• defendant was williams, prosector brislan

• section 51 enables the Cth to legislate on postal, telegraphic, telephonic and other like services

• the Wireless Telegraphy Act 1905 required licenses to operate a radio/wireless set

• defendant didnt have a licence, argued that a radio wasnt included in section 51

• was decided that wireless sets are a “telephonic” device

Rosch vs Electoral commissioner

• legislation was reverted to the original wording, enabling prisoners of less than three years to vote in elections.

• upheld section 7 and 24 of the constitution, which states that parliament must be “directly chosen by the people”

McBain v State of Vic

it was found that the Infertility Treatment Act 1995 vic was inconsistent with the Sex Discrimination Act 1984 cth

The studded belt case

• Deing v Tarola

• control of weapons act 1990 vic stated it is an offence to ‘posess, carry or use any regulated weapon without lawful excuse’ including clothes with ‘raised pointed studs’

• supreme court was required to interpret the words ‘regulated weapon