Section 51(v) of the Australian Constitution

Section 51(v) of the Constitution of Australia is a subsection of Section 51 of the Constitution of Australia, a section central to the operation of Federalism in Australia, that gives the Commonwealth Parliament of Australia power to legislate on "postal, telegraphic, telephonic, and other like services".

In 1901, Section 51(v) was used by the Commonwealth to merge the colonial mail systems into the Postmaster-General's Department (or PMG). This body was responsible for telegraph and domestic telephone operations as well as postal mail. In 1975 the Postmaster-General's Department was separated into the Australian Telecommunications Commission (now Telstra) which was responsible for telephone services, and the Australian Postal Commission (now Australia Post) which was responsible for postal services.

The power also supports the issue of Australian postal stamps.

The power has supported Australia’s regulatory environment for telecommunications in Australia, such as the telecommunications part of the Trade Practices Act. See Communications in Australia

The most problematic part of this power has been the words 'other like services'. 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, in 1935, the High Court decided that s51(v) included the power to regulate radio broadcasting. However, in Brislan four of the judges held radio to be a wireless type of ‘telegraphic or telephonic service’, rather than an ‘other like service’.

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