XYZ v The Commonwealth

[2006] HCA 25

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XYZ
v The Commonwealth

Court:

Judges: Gleeson CJ
Gummow
Hayne
Crennan JJ
Kirby
Callinan
Heydon

Judgment date: 17 November 2005

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Order

The questions set out in the Case Stated dated 2 June 2005 are answered as follows:

(1) Q. Is either of ss 50BA and 50BC of the Crimes Act 1914 (Cth) a law "with respect to ... External affairs" within s 51(xxix) of the Constitution?

A. Yes, both of them.

(2) Q. If the answer to question (1) is "no", is either of ss 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.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.