Re Aird; Ex parte Alpert

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJRE COLONEL STEVEN AIRD & ORS  RESPONDENTSEX PARTE STEWART WAYNE ALPERT                   APPLICANT/PROSECUTORRe Colonel Aird; Ex parte Alpert [2004] HCA 449 September 2004B60/2003ORDER1.   The question asked in the case stated:"Insofar as s 9 of the Defence Force Discipline Act 1982 (Cth) ('DFDA') purports to apply the provisions of that Act, including s 61 DFDA, so as to permit the trial by general court martial under that Act of the Prosecutor in respect of the alleged offence … is it beyond the legislative power of the Commonwealth and, to that extent, invalid?"is answered "No".2.   Costs in the case are to be costs in the action in this Court.Representation:J A Logan SC with P E Nolan for the applicant/prosecutor (instructed by Beven Bowe & Associates)No appearance for the first and second respondentsD M J Bennett QC, Solicitor-General of the Commonwealth with G B Hevey, S B Lloyd and B D O'Donnell for the third respondent (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.CATCHWORDSRe Colonel Aird; Ex parte AlpertConstitutional law (Cth) – Defence – Offences by service members – Service offences – Offence of sexual intercourse without consent – Offence allegedly committed overseas – Service member on leave – Whether beyond legislative power to make conduct of a service member allegedly committed while overseas on leave a service offence triable before an Australian service tribunal.Defence...