Reported at www.6newsau.com: The High Court of Australia has maintained the validity of the Senate (Representation of Territories) Act 1973, affirming that it does not have the precedent to “unelect” the Senators from the Northern Territory and the Australian Capital Territory.
Justices Gibbs and Stephen acknowledged the complexity of lawmaking regarding representation, emphasizing the necessity for careful scrutiny before overturning prior decisions, while also noting that significant changes in territories’ representation would require legislative action.
Chief Justice Barwick and Justice Aickin opposed this stance, arguing against the constitutional authority for territory representation in the Senate, but their views remain unsupported by other judges, making future challenges unlikely.