Byrnes v The Queen
Hopwood v The Queen

Constitutional law - Inconsistency between Commonwealth and State laws - Conferral of functions on Commonwealth Director of Public Prosecutions by State law - Whether permitted by Commonwealth law.

Constitutional law - Offences against Companies (South Australia) Code - Whether offences deemed to be offences against a law of the Commonwealth - Whether s 80 of the Constitution applies to trial of accused.

Constitutional law - State legislative power - Corporations law national scheme - Whether South Australian legislature abdicated its authority by participating in scheme.

Courts - Court of Criminal Appeal of South Australia - Appeal against sentence by Commonwealth Director of Public Prosecutions - Offences against Companies (South Australia) Code - Whether deemed to be offences against the Corporations Law - Nature of appellate jurisdiction - Whether statutory grant of administrative power also conferred judicial authority to hear appeal.

Courts - Inferior courts of limited jurisdiction - District Court of South Australia - Nature of jurisdiction - Whether appeal lies to Court of Criminal Appeal of South Australia.

Criminal law - Companies - Directors - Improper use of position - Furnishing misleading information - Offences against Companies (South Australia) Code - Conviction and sentence - Whether Commonwealth Director of Public Prosecutions empowered to appeal against sentence.

Statutes - Construction - Whether construction extending criminal liability appropriate in the absence of specific legislative intent.

Words and phrases - "appeal" - "enforcement power" - "relating to".

The Constitution, s 109.

Corporations Act 1989 (Cth), ss 4, 38, 45, 47(1), 73.

Director of Public Prosecutions Act 1983 (Cth), ss 3, 6, 9(7).

Judiciary Act 1903 (Cth), s 68(2).

Acts Interpretation Act 1915 (SA), s 22.