The High Court, by majority, upheld the validity of a statutory scheme for the forfeiture of property. The scheme provided that, on application by the DPP, the Supreme Court of the Northern Territory could declare a person who had been convicted of three or more drug related offences within a ten year period to be a “drug trafficker”, and consequent upon the declaration, all property owned, effectively controlled or given away by that person was forfeited to the Northern Territory.
Category: Public Law
High Court strikes down laws prohibiting donations to political parties and spending on election campaigns
The High Court held invalid recent changes to the NSW political donations and campaign expenditure laws. The laws would have prohibited donations to political parties by any person not on the electoral roll, and where an overall cap on campaign spending by political parties otherwise applied, would have deemed expenditure on a campaign by ‘affiliated organisations’ of a political party (eg, unions) as being expenditure by that political party.
High Court Holds ACT Same Sex Marriage Law Is Inconsistent with Federal Marriage Law and of No Effect
Eugenia Levine – The Commonwealth of Australia v The Australian Capital Territory
The High Court explained the standard of reasons required where a Medical Panel gives its opinion on a medical question referred to it.
A majority of the High Court held that the provisions creating a mandatory minimum sentence of five years’ imprisonment for those convicted of an aggravated form of “people smuggling” were valid.