Bennett v The Commonwealth

The High Court of Australia considered a constitutional challenge brought by several residents of Norfolk Island against the Commonwealth. The dispute concerned the validity of section 3 of the Norfolk Island Amendment Act 2004 (Cth), which amended the Norfolk Island Act 1979 (Cth) to make Australian citizenship a prerequisite for voting in and standing for election to the Legislative Assembly of Norfolk Island.

The central legal issue before the Court was whether the provisions of the 2004 Act, which imposed Australian citizenship as a qualification for electoral participation on Norfolk Island, were supported by section 122 of the Australian Constitution. This section grants the Federal Parliament the power to "make laws for the government of any territory." The plaintiffs contended that these provisions were invalid, arguing they impermissibly divided the Norfolk Island community and curtailed existing features of representative government.

The Court reasoned that the power conferred by section 122 of the Constitution is broad and plenary, having been consistently interpreted by the High Court as ample legislative authority for governing territories. The Court found that laws regulating the qualifications of voters and candidates for a territory's legislative assembly are prima facie laws for the government of that territory. The plaintiffs failed to identify any constitutional provision that obliged Parliament to confer voting rights on all adult residents of Norfolk Island, irrespective of citizenship. Consequently, the Court concluded that the challenged provisions of the 2004 Act were validly enacted under section 122.

The questions reserved for the Full Court were answered in favour of the Commonwealth. The Court declared section 3 of the Norfolk Island Amendment Act 2004 (Cth), in so far as it gave effect to specific items in its Schedule, to be valid. The plaintiffs were ordered to pay the costs of the special case.