Section 51(v) of the Constitution provides that the Commonwealth Government has the power to make laws for the peace, order, and good government of the Commonwealth with respect to: "postal, telegraphic, telephonic, and other like services".

The NSW Government passes the Internet Infrastructure Act 2021 (NSW), which provides: "Every Local Government in New South Wales must ensure that every residence and business within the local government area has access to the Internet.

The Commonwealth Government has indicated that it supports the Act and hopes that the othet states pass Acts. However, the Local Governments in NSW do not want an obligation to ensure every residence and business have access to the internet as this will be very costly for them to implement. The Local Governments have brought an action in court which claims that the law is invalid, and they do not have to comply with it on the basis that the NSW Government did not have the power to create the law as, pursuant to section 51(v) of the Constitution, only the Commonwealth Government can create laws governing the internet.

Do you think the Local Governments will be successful?