LEASK v COMMONWEALTH OF AUSTRALIA

Judges: Brennan CJ
Dawson J
Toohey J

Gaudron J
McHugh J
Gummow J
Kirby J

Court:
Full High Court

Judgment date: 5 November 1996

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Gaudron J

I agree with Toohey J that the concept of proportionality has no part to play in this appeal. As others have expressed their views with respect to proportionality, it is appropriate that I state my adherence to what I said in Nationwide News Pty Ltd v Wills , ^[132] (1992) 177 CLR 1 at 93-94. namely, that it is one of several considerations that may be taken into account in determining purpose, whenever that is in issue and for whatever reason, and, also, in determining whether a law is relevantly connected with a particular subject or with a head of constitutional power.

Proportionality aside, I agree with the judgment of Toohey J and his proposed answer to the question reserved.