1. The Brislan Case s. 51 (v) of the Constitution gives the Commonwealth power to legislate on postal, telegraphic, telephonic, and other like services

2. The Brislan Case 1935 The Commonwealth Parliament had passed the Wireless Telegraphy Act (1905) which required all people who owned a wireless set to be licensed. This required the payment of a fee The defendant (Brislan) was charged and fined for not having a licence (£1)

3. The Brislan Case Brislan challenged the validity of the Commonwealth act in the High Court She argued that the Constitution did not give the Commonwealth power to legislate in this area. She claimed that ‘other like services’ did not extend to wireless radios, as they were not a service as such

4. The Brislan Case If Brislan had been successful, the power to legislate on wireless radios would have rested with the states and the Wireless Telegraphy Act would have been deemed invalid. HOWEVER

5. The High Court The High Court determined that wireless radios did fall under ‘other like services’ and therefore the Wireless Telegraphy Act remained valid.

6. The impact on the division of powers This shifted the power away from the states It also meant that the Commonwealth had moved into an area of residual power as broadcasting to wireless sets was not mentioned in the Constitution.