Bennett v The Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJGEOFFREY JAMES BENNETT & ORS   PLAINTIFFSANDCOMMONWEALTH OF AUSTRALIA  DEFENDANTBennett v Commonwealth of Australia [2007] HCA 1827 April 2007S111/2006ORDERQuestions reserved for the consideration of the Full Court answered as follows:(1) Q   Is s 3 of the Norfolk Island Amendment Act 2004 (Cth), in so far as it gives effect to:(a)      Items 1, 3 and 4 in Part 1 of Schedule 1 to that Act; and (b)      Item 5 in Part 1 of Schedule 1 to that Act to the extent that that         item inserts into the Principal Act the following new provisions:(i)       paragraph 39A(1)(b); and(ii)      paragraph 39A(2)(a); and(iii)     section 39C; and(iv)the definition of "Returning Officer" in section 39D,valid?A     Yes. (2) Q   Who should pay the costs in respect of the special case?A     The plaintiffs. RepresentationR J Ellicott QC with G R Kennett for the plaintiffs (instructed by Wright Stell)D M J Bennett QC Solicitor-General of the Commonwealth of Australia with K L Eastman for the defendant (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBennett v Commonwealth of AustraliaConstitutional Law (Cth) – Powers of federal Parliament – Territories – Section 3 of the Norfolk Island Amendment Act 2004 (Cth) ("the Act") amended the Norfolk Island Act 1979 (Cth) so as to make Australian citizenship a necessary qualification for voting for, and standing for election to, the Legislative Assembly of Norfolk Island – Whether...