70616 Study Guide - Final Guide: Communist Party Of Australia, Australian Communist Party V Commonwealth, Wilfred Fullagar
Document Summary
The parliament shall, subject to this constitution, have power to make laws for the peace, order, and good government of the commonwealth with respect to: (vi) the naval and military defence of the commonwealth and of the several. States, and the control of the forces to execute and maintain the laws of the. Australian communist party v commonwealth [1951] hca 5; (1951) 83 clr 1 (cid:894)(cid:862)co(cid:373)(cid:373)u(cid:374)ist party case(cid:895) Communist regimes going on in soviet russia etc, during ww2. Challenge to communist party dissolution act (cid:1005)9(cid:1009)(cid:1004) (cid:894)(cid:862)cpda(cid:863)(cid:895). De(cid:272)lared communists were banned from the public service and unions. It was crime for a person to continue to act as a member or officer of the communist party or the banned organisation; These people could argue they were not communist control, but what they (cid:272)ould(cid:374)"t (cid:272)halle(cid:374)ge is that they (cid:449)ere a threat to defe(cid:374)(cid:272)e, and it was the threat to defence that provided the legislation constitutionally worthy.
