Brislan Case

Question 1

What did Section 51(v) give the commonwealth power to legislate on?

Answer 1

Postal, telephonic, telegraphic and other like services

Question 2

What did the Wireless Telegraphy Act 1905 do?

Answer 2

Required all owners of a wireless radio to hold a license

Question 3

What was the defendant ( Brislan ) charged with?

Answer 3

Having a wireless set without holding a license

Question 4

What did Brislan challenge?

Answer 4

The validity of the Wireless Telegraphy Act

Question 5

What did Brislan claim?

Answer 5

The constitution did not give the commonwealth parliament the power to make laws about wireless’ as they weren’t mention in S51(v)

Question 6

What did the High Court have to do to resolve the dispute

Answer 6

Interpret the words “ like services “

Question 7

What did the High Court decide?

Answer 7

That the wireless was a “ like service “ and therefore the Wireless Telegraphy Act was valid