Bennett v Commonwealth of Australia

Constitutional Law (Cth) – Powers of federal Parliament - Territories - Section 3 of the Norfolk Island Amendment Act 2004 (Cth) ("the Act") amended the Norfolk Island Act 1979 (Cth) so as to make Australian citizenship a necessary qualification for voting for, and standing for election to, the Legislative Assembly of Norfolk Island - Whether the provisions of the Act giving effect to the amendments were supported by s 122 of the Constitution.

Constitutional Law (Cth) – Territories - Whether the challenge to the validity of the Act presented a political question not amenable to judicial determination - Whether "laws for the government" of a territory, to be valid, must provide for a form of government appropriate to the circumstances of the particular territory.

Constitutional Law (Cth) – Territories - Territories "placed by the Queen under the authority of and accepted by the Commonwealth" - Territory granted institutions of representative government - Whether law enacted in reliance on s 122 may validly remove or curtail features of representative government so granted.

Norfolk Island Amendment Act 2004 (Cth) – s 3, Sched 1.

Norfolk Island Act 1979 (Cth) – ss 38-39D.