A state may prosecute Commonwealth offences, but the state court exercises federal jurisdiction when applying Commonwealth criminal law, not state jurisdiction.
constitutional
Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.
HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.
HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.
Get a detailed analysis of Rizeq v Western Australia and how it applies to your situation.
Explain Rizeq v Western Australia