XYZ v The Commonwealth

Constitutional law (Cth) – External affairs - Plaintiff charged with three offences of engaging in sexual activity with a child under 16 years while outside Australia contrary to ss 50BA and 50BC of the Crimes Act 1914 (Cth) - Whether either of ss 50BA and 50BC of the Crimes Act are laws with respect to external affairs - Whether "external affairs" extends to any place, person, matter or thing lying outside the geographical limits of Australia - Whether "external affairs" is restricted to subjects having some connection with Australia - Whether "external affairs" is restricted to matters touching or concerning the relationships of Australia with other countries and international organisations - Whether "external affairs" extends to "matters of international concern" - Relevance of proposition that "external affairs" extends to implementation of treaty obligations.

Constitutional law (Cth) – Constitutional interpretation - Whether permissible to consider separately the meaning of components of a composite phrase - Relevance of distorting or alarming possibilities - Relevance of possible lacuna in the plenitude of the combined legislative powers of the various Parliaments of the Australian federation - Relevance of original meaning of the Constitution - Relevance of development of Australian nationhood - Relevance of extra- territorial reach of other heads of legislative power in s 51 to the interpretation of s 51(xxix) - Relevance of principles of international law concerning extra- territorial legislation - Relevance of the federal character of the Commonwealth - Relevance of notion of proportionality.

Constitutional law (Cth) – Overruling - Whether leave necessary to reopen such authority of the Court as upheld the geographical externality principle - Whether such authority should be overruled.

Criminal law – Sexual offences - Child sex tourism offences - Crimes Act 1914 (Cth), ss 50BA, 50BC - Whether such offences valid laws under the Constitution.

Words and phrases – "external affairs".

Constitution – ss 51(xxix), 51(xxxviii).

Australia Act 1986 (Cth) – s 2.

Crimes Act 1914 (Cth) – ss 50AD, 50BA, 50BC.

Criminal Code (Cth) – s 11.1(1).