(5:0) the National Security (Subversive Associations) Regulations did not contravene section 116 of the Australian Constitution (per curiam) (5:0) the power under the regulations to seize any building containing property connected to a subversive association was beyond the Commonwealth's defence powers under s51(vi) of the Constitution (per curiam)
In January 1941, acting pursuant to the National Security (Subversive Organisations) Regulations 1940,[2] the Government of Australia declared Jehovah's Witnesses to be "prejudicial to the defence of the Commonwealth" and to the "efficient prosecution of the war". Police immediately occupied premises of the organisation.
In September 1941, Jehovah's Witnesses applied to the High Court for an injunction to restrain the Commonwealth from further trespassing on their premises, and seeking damages. The Witnesses argued that the regulations contravened the express constitutional protections for freedom from religious discrimination contained in section 116 of the Australian Constitution, which states:
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
The court unanimously held that the National Security (Subversive Organisations) Regulations 1940 did not infringe against section 116,[3] but that the government had exceeded the scope of the Commonwealth's "defence power" in section 51(vi) of the Constitution.
This was only the second case to consider section 116. The first had been Krygger v Williams. In that case, the protections afforded by section 116 had been defined very narrowly.[4]
^Commonwealth of Australia Constitution Act (Cth) s 116.
^Krygger v Williams [1912] HCA 65, (1912) 15 CLR 366 (15 October 1912), High Court.
March 13, 2024
adelaide, jehovah, witnesses, commonwealth, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books,. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Adelaide Co of Jehovah s Witnesses Inc v Commonwealth news newspapers books scholar JSTOR November 2015 Learn how and when to remove this template message Adelaide Co of Jehovah s Witnesses Inc v Commonwealth 1 was a court case decided in the High Court of Australia on 14 June 1943 Adelaide Co of Jehovah s Witnesses Inc v CommonwealthCourtHigh Court of AustraliaFull case nameAdelaide Company of Jehovah s Witnesses Incorporated v The Commonwealth of AustraliaDecided14 June 1943Citation s 1943 HCA 12 1943 67 CLR 116Court membershipJudge s sittingLatham CJ Rich Starke McTiernan amp Williams JJCase opinions 5 0 the National Security Subversive Associations Regulations did not contravene section 116 of the Australian Constitution per curiam 5 0 the power under the regulations to seize any building containing property connected to a subversive association was beyond the Commonwealth s defence powers under s51 vi of the Constitution per curiam In January 1941 acting pursuant to the National Security Subversive Organisations Regulations 1940 2 the Government of Australia declared Jehovah s Witnesses to be prejudicial to the defence of the Commonwealth and to the efficient prosecution of the war Police immediately occupied premises of the organisation In September 1941 Jehovah s Witnesses applied to the High Court for an injunction to restrain the Commonwealth from further trespassing on their premises and seeking damages The Witnesses argued that the regulations contravened the express constitutional protections for freedom from religious discrimination contained in section 116 of the Australian Constitution which states The Commonwealth shall not make any law for establishing any religion or for imposing any religious observance or for prohibiting the free exercise of any religion and no religious test shall be required as a qualification for any office or public trust under the Commonwealth The court unanimously held that the National Security Subversive Organisations Regulations 1940 did not infringe against section 116 3 but that the government had exceeded the scope of the Commonwealth s defence power in section 51 vi of the Constitution This was only the second case to consider section 116 The first had been Krygger v Williams In that case the protections afforded by section 116 had been defined very narrowly 4 See also editAustralian constitutional lawReferences edit Adelaide Co of Jehovah s Witnesses Inc v Commonwealth 1943 HCA 12 1943 67 CLR 116 14 June 1943 High Court National Security Act 1939 Cth Commonwealth of Australia Constitution Act Cth s 116 Krygger v Williams 1912 HCA 65 1912 15 CLR 366 15 October 1912 High Court Retrieved from https en wikipedia org w index php title Adelaide Co of Jehovah 27s Witnesses Inc v Commonwealth amp oldid 1100098023, wikipedia, wiki, book, books, library,
