The National Cabinet is comprised of the Prime Minister, State Premiers and the Chief Ministers of the Territories. It meets monthly to discuss issues of national significance and how best to address them in Australia’s federal system. On this month’s agenda is the problem of international actors (including foreign governments) using social media to influence public opinion in Australia by spreading false, inaccurate and misleading information about politicians and the policies of political parties. Of particular concern is that this co-ordinated policy of disinformation appears to be designed to increase the popularity of “New Truth”, a fringe far-right political party which plans to run candidates in forthcoming State and Territory elections. In the course of considering what kind of legislative action each level of government in the Australian federation might take, you are asked to advise on the following QUESTIONS:
(a) Prime Minister Morrison asks whether the Commonwealth has legislative power to impose trade sanctions on any foreign nation suspected of engaging in a co-ordinated policy of political disinformation in Australia through social media. (5 marks)
(b) Premier Andrews asks what constitutional issues (if any) might arise if the Victorian Parliament enacted legislation to permit the Attorney-General of Victoria to block any social media post which is made by, or expresses support for, a candidate or policy of the “New Truth” political party. (5 marks)
(c) Chief Minister Gunner asks what constitutional issues (if any) might arise if the Northern Territory Parliament enacted legislation to require the Chief Justice of the Northern Territory Supreme Court to issue a warrant for the arrest of any person (including citizens of a foreign nation) present in the Northern Territory when instructed to do so by the Attorney-General of the Northern Territory. Under the proposed legislation, in order to provide that instruction, the Attorney-General must have reasonable grounds for believing that the person is involved in a co-ordinated policy of political disinformation in Australia through social media but is not required to disclose the details of that involvement to the Court. (5 marks)