High Court of Australia

Rowe v Electoral Commissioner [2010] HCA 46

243 CLR 1; 85 ALJR 213; 273 ALR 1

15 Dec 2010

Case Number: M101/2010

Before

French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Constitutional law (Cth) – Legislative power - Franchise - Constitutional limitations upon power of Parliament to regulate exercise of entitlement to enrol to vote - Date for close of Electoral Rolls in Commonwealth Electoral Act 1918 (Cth) amended - Amendments precluded consideration until after election of claims for enrolment received after 8 pm on date of writs and of claims for transfer of enrolment received after 8 pm on third working day after date of writs - Whether denial of enrolment effected by amendments contravened constitutional requirement that representatives be "directly chosen by the people" - Whether amendments operated as disqualification from entitlement to vote and, if so, whether disqualification for substantial reason - Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162.

Words and phrases – "directly chosen by the people", "disqualification", "substantial reason".

Constitution – ss 7, 8, 9, 10, 24, 30, 31, 51(xxxvi).

Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) – Sched 1 Items 20, 24, 28, 41, 42, 43, 44, 45, 52.

Commonwealth Electoral Act 1918 (Cth) – ss 93, 94A(4), 95(4), 96(4), 101, 102(4), 102(4AA), 155.

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