R v Licensing Court of Brisbane; Ex parte Daniell

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R v Licensing Court of Brisbane; Ex parte Daniell

Section 166 of the Liquor Act 1912 (Qld) stated that a State referendum 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.

The decision

It was held that there was an inconsistency between the Queensland and Commonwealth Acts, and thus the State law, to the extent of the inconsistency, is invalid. It is an example of impossibility of simultaneous obedience because had State officials obeyed the State law by conducting the State referendum on 5 May 1917, they would have contravened the Commonwealth law forbidding such an occurrence.

See also

• Section 109 of the Australian Constitution
• Australian constitutional law

References

• Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.