Week 4 Admin Law Delegation and Statutory Interpretation

http://www.unistudyguides.com/wiki/Delegated_Legislation
http://www.unistudyguides.com/wiki/The_validity_and_invalidity_of_delegated_legislation
http://www.unistudyguides.com/wiki/Statutory_Interpretation_(LAWS1160)

Legislation Act 2003

- s8 legislative instrument determines or alters the law, affects privileges, rights or
obligations
- public consultation s17 note s19 does not affect validity
- registration in the federal register of legislation s15k not enforceable unless registered
- Tabling in parliament within six sitting days s45 ceases to have effect as if it had been
repealed from that time
- important
- that time meaning the time that problem was discovered
- loophole
- 10 year sunset clause
- is important because it promotes a review
- can be modified by the parent act
- does the parent act change the rules?
- s46-48 cant remake regulations that have been disallowed
- has to be in new form and wait a period

Statutory interpretation
- Literal Rule
- Purposive Rule
- Golden Rule AKA mischief rule
- Acts Interpretation Act s15AA & s15AB
- Presumptions
- international law is not our law unless its ratified
- they can be rebutted
- interpretation favoured unless there is something contrary
- Maxims-ejusdem generis & noscitur a sociis
- Context and List
CASES:
- Watson v Lee (1979) 144 CLR 374 publication p322

- Thorpe v Minister for Aboriginal Affairs (1990) 26 FCR 325 Tabling p328

- Ruddock v Vadarlis [2001] FCA 1329 prerogative powers of the executive

- Power inherited from the crown court has no ability to look at prerogative power
- Courts can take prerogative powers back

- Combet v Cth (2005) 224 CLR 494 statutory interpretation p126 Head text
- Appropriation act outcomes 1, 2, 3 held valid
- Majority didnt have to fit into be tied to outcome (literal)
- 2nd split CJ Gleeson has to be tied, but did come under outcome 1 + 2 (purpose)
- 3rd split Kirby + McHugh has to be some rational connection to outcome
(purpose)

- Paul v Munday (1979) 50 ALJR 551 ejusdem generis p167 Head text

- ABC Developmental Learning Centres Pty Ltd v Secretary, Department Department of

Human Services (2007) 15 VR 489 noscitur a sociis p355

- London Country Council v Attorney-General [1902] AC 165 simple ultra vires p355
- restricted by power under act, cannot widen the scope of it

- Plaintiff M47/2012 v Director General of Security [2012] HCA 46- regulations inconsistent
with Act

First ground of review is simple ultra vires

Presumptions common law rights and international law-

what is intent of legislation
Acts Interpretation Act s15AA & s15AB Preference should be given to a
construction that promotes the purpose or
object of the Act extrinsic materials can
be used
Specify King Gee Clothing Co Pty Ltd v Cth (1945)
71 CLR 184 too discretionary and lacking
in objective standards)
Regulate does not include the power to prohibit
Melbourne Corporation v Barry (1922) 31
CLR 174 compare with Foley v Padley
(1984) 154 CLR 349
Define Vanstone v Clark (2005) 147 FCR 299
not proportionate
Unreasonable Austral Fisheries irrational quota
 delegated legislation may be declared to
be invalid on the grounds of
unreasonableness if it leads to manifest
arbitrariness, injustice or partiality; but the
underlying rationale is that legislation of
this offending kind cannot be within the
scope of what parliament intended
- courts reluctant to find anything
unreasonable because merit is not their
domain
Sub-delegation unless legislation allows impliedly or
specifically.
Problem Question

Check if its delegated legislation

- tabling
- registration
- public consultation

Statutory interpretation

(v) consequence of conduct

can argue it is disproportionate because ANY drug related matter

p133
Q1. Abuse of power, some sort of oversight to make sure they are within the act

Admin law in the news

1st
Illegal to have compulsory for postal vote
Free consensce vote cabinent members allowed to vote not inline with their party views

2
Cant give yourself power to do something

3
Council will have as well as enabling act
Week 5

Jurisdiction:
Minster for industry v tooheys p673
Qld Med Lab v Blewett p675
SAT FM p677
Griffith Uni v Tang p679
ABT v Bond p686

Justiciability:
Plaintiff 5157/2002 v Cth
Church of Scientology p718
Re Ditford p726
Spy Catcher Case p732
Hicks v Ruddock p735
Hick v Ruddoc 735
Other cases in powerpoints more generally
- A v Hayden
- Osullivan v Parkin
- Leghaer v DGS
- Stewart v Renolds