Attorney-General (NSW) (Ex rel McKellar) v Commonwealth [1977] HCA 1

Attorney-General (NSW) (Ex rel McKellar) v Commonwealth [1977] HCA 1

Sections 1A, 6, 7, 8, 9 and 10 of the Representation Act 1905-1973 are valid, but the attempted amendment to s. 10 by the Representation Act 1964 was invalid and did not become part of the Act. The calculation for membership of the House of Representatives under section 24 of the Constitution excludes territory populations and senators; only the people of the States and senators for the States are relevant.

Jurisdiction
Australia
Procedural Posture
Relator Action / Full Court Determination of Constitutional Validity
Outcome
Questions answered. Statutory sections upheld except invalidity of 1964 amendment to s. 10.
Legal Topics
['validity of Representation Act 1905 1973' 'interpretation of Section 24 of the Constitution' 'territorial Representation' 'parliamentary Law Making Power' 'effects of Invalid Amendment']
['constitutional Law'] ['validity of Representation Act 1905 1973' 'interpretation of Section 24 of the Constitution' 'territorial Representation' 'parliamentary Law Making Power' 'effects of Invalid Amendment']

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Procedural Posture

Relator Action / Full Court Determination of Constitutional Validity

Legal Issues

  1. 1 ['Whether s. 1A of the Representation Act 1905-1973 is a valid law of the Parliament' 'Whether s. 10 of the Representation Act 1905-1973 is a valid law of the Parliament' 'Whether ss. 6, 7, 8 and 9 of the Representation Act 1905-1973 are valid laws of the Parliament' 'Whether s. 10 of the Representation Act 1905-1964 is a valid law of the Parliament' "Interpretation of 'the people of the Commonwealth' and 'the number of the senators' in s. 24 of the Constitution"]

Ratio Decidendi

Sections 1A, 6, 7, 8, 9 and 10 of the Representation Act 1905-1973 are valid, but the attempted amendment to s. 10 by the Representation Act 1964 was invalid and did not become part of the Act. The calculation for membership of the House of Representatives under section 24 of the Constitution excludes territory populations and senators; only the people of the States and senators for the States are relevant.

Court Disposition

Questions answered. Statutory sections upheld except invalidity of 1964 amendment to s. 10.

Orders

  • ['Section 1A of the Representation Act 1905-1973 is a valid law of the Parliament.' 'Section 10 of the Representation Act 1905-1973 is valid, but the amendment attempted to be made by the Representation Act 1964 never became part of the section.' 'Sections 6, 7, 8 and 9 of the Representation Act 1905-1973 are valid...