Jiro Muramats v Commonwealth Electoral Officer for Western Australia [1923] HCA 41

Jiro Muramats v Commonwealth Electoral Officer for Western Australia [1923] HCA 41

A naturalized Japanese person born in Japan is an aboriginal native of Asia or the Islands of the Pacific for the purposes of sec. 39(5) of the Commonwealth Electoral Act 1918-1922 and sec. 18 of the Electoral Act 1907 (WA), and therefore disqualified from Commonwealth enrolment and voting at federal elections, notwithstanding enrolment on the State roll and naturalization. Section 41 of the Constitution does not avail where the person is, under State law, disqualified from voting by reason of aboriginal nativity.

Parties
Complainant/appellant: Jiro Muramats; Respondent/defendant: The Commonwealth Electoral Officer for the State of Western Australia
Jurisdiction
Australia
Judgment Date
21 September 1923
Procedural Posture
Appeal / Appeal From Court of Petty Sessions of Western Australia to High Court of Australia by Way of Order to Review
Outcome
Appeal dismissed with costs.
Legal Topics
Commonwealth Electoral Roll Enrolment, Disqualification of Voters, Interpretation of 'aboriginal Native', Naturalization and Political Rights, Appeal Procedure Extension of Time
Electoral Law Constitutional Law Administrative Law Commonwealth Electoral Roll Enrolment Disqualification of Voters Interpretation of 'aboriginal Native' Naturalization and Political Rights Appeal Procedure Extension of Time

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Parties

Jiro Muramats

Complainant/appellant

The Commonwealth Electoral Officer for the State of Western Australia

Respondent/defendant

Procedural Posture

Appeal / Appeal From Court of Petty Sessions of Western Australia to High Court of Australia by Way of Order to Review

Legal Issues

  1. 1 Whether a naturalized Japanese person born in Japan is disqualified from enrolment and voting at Federal elections under Commonwealth and Western Australian electoral laws
  2. 2 Interpretation of 'aboriginal native of Asia or the Islands of the Pacific' within relevant statutes
  3. 3 Whether section 41 of the Constitution protects the applicant's right to vote at Commonwealth elections

Ratio Decidendi

A naturalized Japanese person born in Japan is an aboriginal native of Asia or the Islands of the Pacific for the purposes of sec. 39(5) of the Commonwealth Electoral Act 1918-1922 and sec. 18 of the Electoral Act 1907 (WA), and therefore disqualified from Commonwealth enrolment and voting at federal elections, notwithstanding enrolment on the State roll and naturalization. Section 41 of the Constitution does not avail where the person is, under State law, disqualified from voting by reason of aboriginal nativity.

Court Disposition

Appeal dismissed with costs.

Orders

  • Order nisi to review discharged with costs.