Australian Communist Party v The Commonwealth (1951, HCA)

by High Court of Australia

Layout 2

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

H. C. of A.
1950–1951.

Sydney, 1950, Nov. 14–17, 20–24, 27, 28, 30;
Dec. 1, 4, 6–8, 11–15, 18, 19.

---

Melbourne, 1951, Mar. 9.

---

Latham C.J.,
Dixon, McTiernan, Williams, Webb, Fullagar and Kitto JJ.

[HIGH COURT OF AUSTRALIA.]

THE AUSTRALIAN COMMUNIST PARTY AND OTHERS		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE WATERSIDE WORKERS' FEDERATION OF AUSTRALIA AND HEALY		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE AUSTRALIAN RAILWAYS UNION AND BROWN		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
BULMER AND OTHERS (SUING FOR THE BUILDING WORKERS' INDUSTRIAL UNION) AND PURSE		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE AMALGAMATED ENGINEERING UNION OF AUSTRALIAN SECTION AND ROWE		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE SEAMAN'S UNION OF AUSTRALIA AND ELLIOTT		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE FEDERATED IRONWORKERS' ASSOCIATION OF AUSTRALIA AND McPHILLIPS		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.
THE AUSTRALIAN COAL & SHALE EMPLOYEES' FEDERATION AND WILLIAMS		Plaintiffs;
AND
THE COMMONWEALTH AND OTHERS		Defendants.

Constitutional Law (Cth.)–Powers of Commonwealth Parliament–Defence–The Constitution–Laws of the Commonwealth–Execution and maintenance–Conciliation and arbitration–Public service–Judicial–Acquisition of property–Incidental power–Defence power–Exercise–Existence of war–Requirement–Preparation against risk of war–Enemies–Actual or potential–External and internal–Overthrow or dislocation of established system of government–Alleged revolutionary party–Use of treasonable or subversive means–Dislocation in industries vital to security and defence–Dissolution of party–Bodies of persons or persons—Unlawful association—Declaration by Governor-General—"Satisfied"—Forfeiture to Commonwealth of property of party and declared persons—Declared persons—Ineligibility to hold office in an industrial organization relating to vital industry—Freedom of "intercourse" among the States—Statute—Preamble—Recitals—Allegations of fact—Effect—Facts—Necessity—Desirability—Proof—Validity of statute—Severability—The Constitution (63 & 64 Vict. c. 12), ss. 51 (vi.), (xxxi.), (xxxv.), (xxxix.), 52, 61, 71, 92—Judiciary Act 1903–1948 (No. 6 of 1903—No. 65 of 1948), s. 18—Commonwealth Conciliation and Arbitration Act 1904–1949 (No. 13 of 1904—No. 86 of 1949)—Acts Interpretation Act 1901–1948 (No. 2 of 1901—No. 79 of 1948), s. 15A—Communist Party Dissolution Act 1950 (No. 16 of 1950).

The following written judgments were delivered:—

Reasons for judgment (not listed in original)

• Latham CJ
• Dixon J
• McTiernan J
• Williams J
• Webb J
• Fullagar J
• Kitto J