R v Licensing Court of Brisbane; Ex parte Daniell
Encyclopedia
R v Licensing Court of Brisbane; Ex parte Daniell (1920) 28 CLR
23 is a High Court of Australia
case about inconsistency between Commonwealth and State
legislation, which is dealt with by s 109
of the Australian Constitution
. It is the leading example of what is known as the impossibility of simultaneous obedience test.
on liquor trading hours was to be held on the same day as the Senate
elections. However, section 14 of the Commonwealth Electoral (Wartime) Act 1917 (Cth) forbid electors from voting at a State referendum or vote on the same day as the Senate elections, which were held on 5 May 1917.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
23 is a High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
case about inconsistency between Commonwealth and State
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
legislation, which is dealt with by s 109
Section 109 of the Australian Constitution
In Australia, legislative power is held concurrently by the Commonwealth and the States. In the event of inconsistency between Commonwealth and State laws, section 109 of the Constitution of Australia provides that the laws of the Commonwealth shall prevail over those of a State to the extent of...
of the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
. It is the leading example of what is known as the impossibility of simultaneous obedience test.
Background
Section 166 of the Liquor Act 1912 (Qld) stated that a State referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on liquor trading hours was to be held on the same day as the Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
elections. However, section 14 of the Commonwealth Electoral (Wartime) Act 1917 (Cth) forbid electors from voting at a State referendum or vote on the same day as the Senate elections, which were held on 5 May 1917.