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 the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ...
case about inconsistency between Commonwealth and
State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
legislation, which is dealt with by s 109 of the
Australian Constitution The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation 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
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
on
liquor Liquor ( , sometimes hard liquor), spirits, distilled spirits, or spiritous liquor are alcoholic drinks produced by the distillation of grains, fruits, vegetables, or sugar that have already gone through ethanol fermentation, alcoholic ferm ...
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 *
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. Legal cases regarding Australian constitutional law are often handled by the High Court of Austr ...


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