'To Execute and Maintain the Laws of the Commonwealth' the ADF and Internal Security: Some Old Issues With New Relevance

Abstract

This paper discusses an old issue with new relevance; the use of force under the executive power of the Constitution by the Australian Defence Force ('ADF') for internal security. This has been a practical and theoretical legal issue since before Federation.' Recent events have made it a current issue again. The ADF conducted internal security under the executive power for operations in 2002 and 2003 to protect a Commonwealth Heads of Government Regional Meeting ('CHOGRM') and a visit of the President of the United States respectively. There is also a potential likelihood of the use of the executive power under new offshore protection measures announced in late 2004.