R v Licensing Court of Brisbane; Ex parte Daniell
R v Licensing Court of Brisbane; Ex parte Daniell (1920) 28
CLR 23 is a
High Court of Australia case about inconsistency between Commonwealth and
State legislation, which is dealt with by
s 109 of the
Australian Constitution. It is the leading example of what is known as the impossibility of simultaneous obedience test.
Section 166 of the
Liquor Act 1912 (Qld) stated that a State
referendum on
liquor trading hours was to be held on the same day as the
Senate 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.
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.
*
Section 109 of the Australian Constitution*
Australian constitutional law*
Winterton, G. et al.
Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.
*
Full text of the decision
