High Court of Australia

Murphy v Electoral Commissioner [2016] HCA 36

5 Sep 2016

Case Number: M247/2015


French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ


Constitutional law (Cth) – Legislative power – Franchise – Power of Parliament to regulate exercise of entitlement to enrol to vote – Provisions of Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during "suspension period" from 8pm on day of closing of Electoral Rolls until close of polling for election – Whether burden on constitutional mandate that Parliament be "directly chosen by the people" – Whether burden justified by substantial reason – Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43 and Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA 46.

Words and phrases – "adequacy in its balance", "burden", "constitutional mandate of popular choice", "directly chosen by the people", "franchise", "necessity", "obvious and compelling alternative", "reasonably appropriate and adapted", "structured proportionality", "substantial reason", "suitability".

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

Commonwealth Electoral Act 1918 (Cth) – ss 94A(4), 95(4), 96(4), 101, 102(4), 103A(5), 103B(5), 118(5).

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