XYZ v Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJXYZ  PLAINTIFFANDTHE COMMONWEALTH OF AUSTRALIA  DEFENDANTXYZ v The Commonwealth [2006] HCA 25Date of Order:  17 November 2005Date of Publication of Reasons:  13 June 2006M14/2005ORDERThe questions set out in the Case Stated dated 2 June 2005 are answered as follows:(1)Q. Is either of sections 50BA and 50BC of the Crimes Act 1914 (Cth) a law "with respect to … External affairs" within section 51(xxix) of the Constitution?A.Yes, both of them.(2)Q. If the answer to question (1) is "no", is either of sections 50BA and 50BC of the Crimes Act 1914 (Cth) otherwise a valid law of the Commonwealth?A.This question does not arise.(3)Q.       By whom should the costs of the Case Stated to the Full Court of this Honourable Court be borne?A.The plaintiff.Representation:S J Gageler SC with K L Walker for the plaintiff (instructed by Buxton & Associates)D M J Bennett QC, Solicitor-General of the Commonwealth with R J Orr 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.CATCHWORDSXYZ v The Commonwealth Constitutional law (Cth) – External affairs – Plaintiff charged with three offences of engaging in sexual activity with a child under 16 years while outside Australia contrary to ss 50BA and 50BC of the Crimes Act 1914 (Cth) – Whether either of ss 50BA and 50BC of the Crimes Act are laws with respect to external affairs – Whether...