Crimes Amendment Act 2000 (No 4) (ACT)

This case involved a challenge to the constitutionality of certain provisions of the Crimes Amendment Act 2000 (No 4) (ACT). The plaintiff argued that the stalking offence created by the Act was beyond the Commonwealth's legislative power under the Australian Constitution. The matter was heard in the High Court of Australia. The key legal issues before the Court were whether the stalking offence was validly enacted under the Commonwealth's external affairs power, and whether the offence was an invalid attempt to legislate in relation to the criminal law of the Territory.

The Court found that the stalking offence was not an attempt to legislate in relation to the criminal law of the Territory, as the Commonwealth has the power to legislate in relation to matters of international concern. However, the Court held that the stalking offence was beyond the scope of the external affairs power because it was not sufficiently connected to an international treaty or convention. The Court found that the stalking offence was not a necessary or appropriate means of implementing an international treaty or convention, and was instead an attempt to legislate in relation to an area traditionally reserved to the States.

The stalking offence was declared invalid and of no effect. No orders were made as to the consequences of this finding, leaving it to the ACT Legislative Assembly to consider appropriate legislative responses.