Defence Electricity Essay

The Range of the Defence and other Power: Thomas sixth is v Mowbray 1 1 . Intro (i) There is certainly nothing fresh about terrorism, as avid readers in the reports in the Cabinet Paperwork for 1977 will recollect: • whenever they were informed of the terrorist threat posed by the Of india Ananda Marga Sect and the bombing with the Hilton Motel the bombing occurred during the meeting of Commonwealth Mind of Point out in 1978 and resulted in the deaths of three persons; • three sect members were found guilty of accidents arising away of that episode and also the homicide of the Leader of the Countrywide Front though those verite were quashed on appeal except for a single sect affiliate who found out his sentence for the Hilton Hotel bombing incident two (ii) These types of cases had been dealt with underneath the ordinary lawbreaker law. (iii) So why was it discovered necessary in 2003 to adopt more radical legal action to address terrorism? (iv) It will be argued simply by some the fact that answer are available in the allegedly different character of modern terrorism • since graphically exemplified by the situations of 14 September 2001 (in the United States) and recent terrorist events in several places which include Bali, Madrid and London. 3

installment payments on your Pre-existing placement (i) The problem addressed in Thomas v Mowbray was your power of the Commonwealth Legislative house to deal with the threat of terrorism: • • you 2

especially given the absence of particular powers to deal with that subject matter or the basic criminal rules, 4 both these styles which otherwise come inside State legislative power.

[2007] HCA thirty-three (2 September 2007). The Australian, one particular January 08, p almost eight. 3 Observe in that respect the 9 factors submitted by the Commonwealth Solicitor-General which characterizes the threat of terrorism posed to Western civilization generally speaking and Australian in particular: [2007] HCA 33 at [253]. 5 Attorney-General to get the Earth v Imperialiste Sugar Refining Co Ltd [1914] AC 237 (PC).

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(ii) It is the case that Const s 119 obliges the Commonwealth to guard every State against domestic violence • • but this simply arises in the event the Executive Federal government of the State seeks assistance; although the obligation may imagine there is authority to use army forces under the defence electric power in Const s 51(vi) in order to perform that obligation given the provisions of the Const t 114 which in turn prevent the Says from elevating or retaining their own army forces with no consent of the Commonwealth. 5 (iii) But the Hilton Resort bombing case highlighted the absence of any kind of need for the Commonwealth to rely on it is obligation to shield the Declares where the Commonwealth's own pursuits and power is included eg Const ss 61, 51(xxxix) and other powers in ss 51 and 52 generally and including the external affairs forces regarding the protection of those participating the 1978 Commonwealth Heads of Point out meeting saved in Australia. That authority is definitely acknowledged in US and Australia. 6th (iv) But the assumption produced about the defence electrical power was that it absolutely was confined to working with external hazards or foes • although internal hazards (eg treason and subversion) fell inside the power of the Commonwealth Parliament to make laws and regulations that were incidental to the delivery of the Earth executive electricity under Const ss 51(xxxix) and sixty one 7; and in addition

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See also L v Sharkey (1949) seventy nine CLR 121 per Dixon J in p 151 (" The reference to invasion [in Const h 119] explains what ‘and with the several States' in s i9000 51 (vi), the defence powers. ”) 6 L Quick and A Garran, The Annotated Constitution in the Australian Earth (1901) in p 964-5 and also T Harrison Moore 2nd education at pp 338-9 and generally the " Protective Secureness Review Report” (AGPS, 1979) 148 – 152 paras 10. 3 – 15. 35 (" the Expect Report”) as well as the legal judgment given by Sir Victor Windeyer, published in Appendix 9, at g 277-282 paras 2-13. 7 See Australian Communist Party v The Commonwealth (1951) 83 CLR 501 (Communist Party Case) Dixon M at p 186 and Fullagar M at l 259. Dixon J performed however leave open the...



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