R V Licensing Court Of Brisbane; Ex Parte Daniell
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''R v Licensing Court of Brisbane; Ex parte Daniell''. is a
High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...
case about inconsistency between Commonwealth and
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
legislation, which is dealt with by s 109 of the
Australian Constitution The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
. 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
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on
liquor Liquor (or a spirit) is an alcoholic drink produced by distillation of grains, fruits, vegetables, or sugar, that have already gone through alcoholic fermentation. Other terms for liquor include: spirit drink, distilled beverage or hard ...
trading hours was to be held on the same day as the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
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 Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent s ...
*
Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitution ...


References

* Winterton, G. et al. ''Australian federal constitutional law: commentary and materials'', 1999. LBC Information Services, Sydney. {{DEFAULTSORT:R v Licensing Court of Brisbane Ex parte Daniell High Court of Australia cases 1920 in Australian law 1920 in case law Australian constitutional law Inconsistency in the Australian Constitution cases Referendums in Queensland Alcohol law in Australia 1920s in Queensland