Constitutional law (Cth) – Judicial power of Commonwealth – Where Autonomous Sanctions Act 2011 (Cth) authorises making of regulations which impose sanctions – Where reg 6(a) of Autonomous Sanctions Regulations 2011 (Cth) empowers Minister to "designate" a person – Where designation triggers operation of regs 14 and 15 – Where contravention of reg 14 or 15 constitutes an offence – Where person contravenes reg 14 if person "directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity" – Where person contravenes reg 15 if person "holds a controlled asset" and "uses or deals with the asset" or "allows the asset to be used or dealt with" or "facilitates the use of the asset or dealing with the asset" – Where reg 18 empowers Minister to grant permit authorising conduct that would otherwise contravene reg 14 or 15 – Where appellant was designated under reg 6(a) by legislative instrument – Where Minister granted permit under reg 18 authorising use of assets associated with provision of legal services – Where practical operation of regs 14 and 15 denied designated person access to legal representation absent permit – Where Minister accepted that practical operation impermissibly impaired ability of designated person to invoke jurisdiction of High Court under s 75(v) of Constitution or Federal Court under s 39B of Judiciary Act 1903 (Cth) to enforce limits of decision-making power conferred by or under Act – Whether regs 14 and 15 could be "read and construed" in accordance with s 15A of Acts Interpretation Act 1901 (Cth) and s 13 of Legislation Act 2003 (Cth) to exclude constitutionally impermissible operation – Whether regulation-making power in Act could be read down to ensure constitutional validity.
Words and phrases – "access to legal advice", "access to legal representation", "application of meaning", "artificial construction", "ascertainment of meaning", "autonomous sanctions", "Ch III court", "chilling effect", "clear constitutional limitation", "composite hypothetical question", "conforming interpretation", "constructional imperative", "contingent operation", "contrary intention", "declared person", "designated person or entity", "disapplication", "distributive application", "entrenched jurisdiction", "institutional integrity", "interpersonal justice", "invalid application", "judicial power", "judicial restraint", "legislative act", "liberty to obtain legal services", "manifest injustice", "meaning and application", "ministerial permit", "partial disapplication", "practical operation", "prudential approach", "read and construed", "read down", "regulation-making power", "rights and freedoms", "rule of law", "severable", "severance clause", "standard, criterion or test", "statutory construction", "substantial curtailment", "targeted financial sanctions".
Constitution, ss 75(iii), 75(v), 77, Ch III.
Constitution Act 1867 (Can), s 96.
Acts Interpretation Act 1901 (Cth), ss 2, 15A, 15AA, 33.
Autonomous Sanctions Act 2011 (Cth), ss 3, 4, 6, 10, 14, 16, 28.
Autonomous Sanctions Regulations 2011 (Cth), regs 3, 6, 14, 15, 18.
Judiciary Act 1903 (Cth), s 39B.
Legislation Act 2003 (Cth), s 13.