Is the setting up of the testing range by the commonwealth

Reference no: EM133620742

Problem

The Australian government has recently made a decision to purchase a significant number of long-range missiles for the military defence of Australia. One of the ranges in which they are to be tested in located adjacent to the Centralia Cattle Station which is owned by Wendy. Wendy is concerned that this testing will be very noisy and will upset her cattle. Overseas studies of such testing support Wendy's fears. Such testing of missiles at the testing range is authorised by s 122ABA of the (fictional) Military Missiles Act 1947 (Cth)(MMA).

Centralia Cattle Station is located in the (fictional) state of Central Australia. Recently that state passed the (fictional) Noise Control Act 2022. Section 3 of that Act states that any property that, in the opinion of an inspector, lets out an excessive amount of noise can be directed by that inspector to cease making such noise. Section 10 imposes penalties for refusing to obey a direction of an inspector including fines and jail.

Wendy seeks your opinion on the following:

1. Is the setting up of the testing range by the Commonwealth under the MMA authorised under the defence power? and

2. Is the MMA inconsistent with the State Noise Control Act pursuant to s 109 of the Constitution or does the Noise Control Act validly apply to the activities of the missile control range?

Reference no: EM133620742

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