INCONSISTENCY WHETHER STATE HAS POWER TO LEGISLATE MEMBERS OF DEFENCE FORCES
CONSTITUTION, s. 109 TO FORBID SUPPLY OF LIQUOR TO
The Minister for Defence asks to be advised as to the constitutional power of a State Parliament to pass legislation of this kind.(2)
The Bill forbids licensees under the State licensing laws to supply or permit to be supplied any liquor to any member of the military forces whilst on duty, or whilst on active service, or whilst in uniform, except when such member is a bona fide traveller.
I am of opinion that such a law is not ultra vires. The State Parliament has power to prescribe the conditions of a liquor licence held under State law, so long as its legislation is not inconsistent with any provision of the Constitution, or of any valid Federal law.
If the Commonwealth Parliament passed any law relating to the supply of liquor to soldiers which was inconsistent with the State law-i.e. obedience to which would involve disobedience to the State law-the State law to that extent would be invalid; but in the absence of such Federal legislation it would be valid.
[Vol. 14, p. 246]
(1)This date is attributed. The opinion ' undated in the Opinion Book, but its position, in relation to adjacent opinions, suggests a date toward? the end of January I916.
(2)In the Opinion Book this opinion is headed 'Tasmanian "SoIdiers" Liquor Restriction Bill" '.