You are a lawyer who is briefed to advise the Australian Government on constitutional law. It is December 2016 and you are looking forward to a long and relaxing holiday. Late on a Friday afternoon, your telephone rings and you are asked to meet with a new client, the newly appointed Commonwealth Minister for National Security, Senator Halford Ironside of Tasmania. Senator Ironside is concerned that Australia is increasingly vulnerable to cyber attack and that sensitive "dual use" information technology ("IT") has been sold by Australian IT businesses to foreign governments and to terrorists. Senator Ironside is concerned that the businesses selling this technology are often ethically dubious and will sell IT products to anyone. Senator Ironside says that to discharge his position, he "wants to get a hold of 'who is doing what to who' in the Australian IT industry...the crooked trade in IT products is not just engaged in by corporations - but also sole traders, partnerships and computer games addicts!".Senator Ironside says that his new department has become suspicious as to the insecurity of the Australian IT industry, especially in New South Wales, Queensland and Western Australia. Senator Ironside's information is that foreign governments and criminal gangs purchase various IT products in Sydney, Newcastle, Brisbane, Townsville and Perth, by using local agents that pose as tourists, who may also bribe locally employed IT workers. Senator Ironside says to you, "my department says that these IT products can be used to produce weapons of mass destruction for rogue states and terrorists". Some of this technology, Senator Ironside believes, will end up being used by hostile governments and terrorists against Australia and its interests overseas, including allies. Senator Ironside administers the newly created National Security Department. Senator Ironside says he worries that his new bureaucracy is underfunded and needs to rapidly expand in order to protect Australian society. Senator Ironside provides you with a copy of his draft bill for a new National Security Act. Senator Ironside says that, in his view, the bill is constitutionally valid and will prove "immensely popular with the voters". If enacted, the bill creates a new National Security Bureau ("NSB") that will "watch over" all aspects of Australian society and, especially, control sales of sensitive technology and keep a register of all persons who participate in the Australian IT industry as innovators, manufacturers, importers, exporters, dealers, contractors and employees. The bill's main features are as follows: (a) Part 1 imposes a new "Technology Security Fee" ("TSF") on all sales of IT products within Australia. The TSF is charged and collected by vendors and then paid directly by them to the NSB's bank account to fund its operations; (b) Part 2 requires that all Australian technology businesses (defined as "any person(s), sole trader, partnership, association or corporation" that builds, repairs or deals with or in information technology") that are located in New South Wales, Queensland and Western Australia must:(i) purchase an IT Security License from the NSB by 01 January 2018 or these businesses will be terminated by the NSB and all of their assets forfeited to the NSB, with no rights of appeal to any court or tribunal; and(ii) provide the full names and personal details of all employees, corporate officers, partners, and shareholders, that are contracted to or associated with any Australian technology business, so as to create a National IT Registry;(c) Part 3 provides that:(i) the NSB may apply ex parte to the court for control orders against any person listed in the National IT Registry. These control orders, if made, would require the person to remain in their home, surrender their passport, report to the local police station daily, and ban them from using any information technology for a period not longer than 10 years;(ii) the person against whom the order in (i) is sought:(1) can challenge the order in a control order confirmation hearing that is closed to the public; (2) must be provided with the prosecution's brief of evidence against them; and(3) may only be represented by a lawyer if the NSB agrees; (iii) the court "must make the order set out in (i) if it is satisfied that on the balance of probabilities the person is or may become a threat to Australia's national security." (d) Part 4 authorises the Commonwealth Government to pay "National Security Bonuses" of $1,000 per household to all citizens to enable them to take any IT security measures at home.Senator Ironside tells you that he is confident the bill would be a valid law. However, he says that he has met repeatedly with the Attorney-General, Ms Antigone Blackstone, to discuss this bill. Ms Blackstone has, apparently, informally advised Senator Ironside that his proposed bill is "laughable", has numerous constitutional problems and that she doubts any constitutional head of power validly supports any part of the bill. Senator Ironside said, "the Attorney-General treats me with contempt. That is why I need your advice".Senator Ironside seeks your advice on the constitutional validity of his National Security Act before he introduces the bill into the Senate on the 1st of February 2017ā