High Court of Australia

Tajjour v New South Wales [2014] HCA 35

Hawthorne v New South Wales

Forster v New South Wales

88 ALJR 860; 313 ALR 221

8 Oct 2014

Case Number: S36/2014 S37/2014 S38/2014

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ

Catchwords

Constitutional law – Implied freedom of political communication – Section 93X of Crimes Act 1900 (NSW) made it offence habitually to consort with convicted offenders after receiving official warning in relation to each convicted offender – Plaintiffs charged with offence against s 93X – Whether s 93X infringes implied freedom of political communication.

Constitutional law – Implied freedom of association – Whether Constitution contains an implied freedom of association independent of implied freedom of political communication.

Constitutional law – Powers of State Parliaments – Provisions of international convention ratified by Australia but not incorporated by statute in Australian domestic law – Whether capable of limiting power of State Parliaments to enact inconsistent legislation.

Words and phrases – "effectively burden", "habitually consort", "proportionality", "reasonably appropriate and adapted".

Crimes Act 1900 (NSW) – ss 93W, 93X, 93Y.
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