JSB171 Lecture Notes - Lecture 1: Dyson Heydon, Susan Crennan, Volvo S80

• School: QUT
• Department: Justice
• Course: JSB171
• Professor: All

Document Summary

Internal security power: s. 61 & 51(39) ( executive power + incidental = prevent nation from subversion) General: governor general has control of armed forces right to declare war: s68. States: may assist but not control cth forces: carter v. egg and egg pulp marketing board cf. But not without consent of the cth: s114: cth must protect states from invasion: s119, state defence departments transferred to cth in war: s69. Cth can control railways for defence: s51(xxxii: words naval and military defence do not limit the power can include new war technology (air, space warfare, etc): farey v burvett per griffith cj. Law must advance a defence need to be valid under the power: stenhouse v. Communist party v cth at 273 per kitto j; australian textiles v cth at 178. Australian communist party v cth at 273 per kitto j. But in peacetime, will not extend to the facets of national life: thomas v.