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CHAPTER 5
Fix this textLecture 3:
Fix this textGROWTH BY JUDICIAL INTERPRETATION
Fix this textTHE DEFENCE POWERS OF THE COMMONWEALTH
Fix this textFor the purpose of discussing the Defence powers of the
Fix this textCommonwealth of Australia, I must first set out the relevant
Fix this textprovisions of the Commonwealth Constitution.
Fix this textThey are as follows -
Fix this textSection 51 which is the principle section creating Common-
Fix this texty
Fix this textwealth power, gives the Commonwealth "power to make
Fix this textlaws for the peace, order, and good government of the
Fix this textCommonwealth with respect to -
Fix this text(vi) the naval and military defence of the
Fix this textCommonwealth and of the several States,
Fix this textand the control of the forces to execute
Fix this textand maintain the laws of the Commonwealth,
Fix this text(xxxii) The control of railways with respect to
Fix this texttransport for the naval and military
Fix this textpurposes of the Commonwealth.
Fix this text(xxxix) Matters incidental to the execution of any
Fix this textpower vested by this Constitution in the
Fix this textParliament or in either House thereof or in
Fix this textthe Government of the Commonwealth ... or in
Fix this textany department or officer of the Commonwealth."
Fix this text66
Fix this textIt's easy and takes two shakes of a lamb's tail!
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