Minister for Home Affairs v. Benbrika

Catchwords

Constitutional law – Validity of legislation – Criminal Code (Cth) Div 105A – Continuing detention orders – Where Minister for Home Affairs applied to Supreme Court of Victoria for continuing detention order against respondent pursuant to s 105A.7 of Criminal Code, and for interim detention order pursuant to s 105A.9 – Where on respondent’s application, question of constitutional validity of Div 105A referred to Court of Appeal – Where Commonwealth Attorney-General intervened and applied to have proceeding pending in Court of Appeal removed into High Court under s 40 Judiciary Act 1903 (Cth) – Whether s 105A.7 purports to confer non-judicial power on courts exercising federal jurisdiction contrary to Ch III of Constitution – Whether s 105A.7 severable from balance of Div 105A.