› whether s 7(1)(e) of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) is a valid law with respect to external affairs under s 51(xxix) of the Constitution
› whether external affairs power is qualified by principle of proportionality
› s 7(1)(e) valid law with respect to external affairs
› no need to consider defence and incidental power
Criminal Law
› application to quash indictment on the basis that law is constitutionally invalid
› offence provision a valid law with respect to external affairs
› application dismissed
Case Details
Citation[2015] NSWSC 1222
CourtNSWSC
JurisdictionNew South Wales
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