The High Court has taken a flexible approach to interpreting this provision that has recognised that technology has changed since the constitution was written.
In the case of R v Brislan,[5] in 1935, the High Court decided that s.51(v) included the power to regulate radio broadcasting.
In the 1965 case of Jones v Commonwealth (No 2),[6] the High Court found that television broadcasting also fell under the ambit of s.51(v).
Although the communications power is often presumed to apply broadly as new technologies arise, it is uncertain, in the absence of litigation, whether Commonwealth regulation will be supported.
[8] The amendments to the Criminal Code which removed the earlier "carriage service" (telephone and internet) elements of some computer offences (in part 10.7) were apparently supported by the s.51(xxix) external affairs power (arising from obligations under an international treaty).