ON 8 OCTOBER 2014, the High Court of Australia delivered Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South WalesTajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales
The High Court upheld the constitutional validity of s93X of the Crimes Act 1900 (NSW).
Section 93X makes it an offence for a person to habitually consort with convicted offenders and consort with those convicted offenders after being given an official warning in relation to each of those offenders.
The section was challenged on the basis that it impermissibly burdens the implied constitutional freedom of communication concerning government and political matters.
The court determined that the section did not impermissibly burden the implied constitutional freedom.
The court accepted that there is a burden, but held the section was not invalid as it was “reasonably appropriate and adapted, or proportionate, to serve the legitimate end of the prevention of crime in a manner compatible with the maintenance of the constitutionally prescribed system of government”.
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