Macleod v Australian Securities and Investments Commission

Criminal law – Companies - Offence against Corporations (Western Australia) Act 1990 (WA) - Attraction of federal jurisdiction under s 75(iii) of the Constitution by presence of Australian Securities and Investments Commission as party to prosecution - Section 206A(2) of the Justices Act 1902 (WA) conferred standing to apply for leave to appeal (and, if granted, to institute and conduct an appeal) upon "a party" to an earlier appeal - Whether Australian Securities and Investments Commission empowered to appeal to the Full Court against the order of a single judge of the Supreme Court of Western Australia on appeal from summary proceedings - Whether s 79 of the Judiciary Act 1903 (Cth) "picked up" s 206A(2) of the Justices Act - Whether Australian Securities Commission Act 1989 (Cth) "otherwise provided" for the purposes of s 79 of the Judiciary Act.

Constitutional law (Cth) – Federal jurisdiction - Australian Securities and Investments Commission a party - s 75(iii) of the Constitution - Substantive content of matter supplied by State law - Construction of legislation in co-operative national scheme.

Appeal – Competency of appeal by Australian Securities and Investments Commission to the Full Court against the setting aside of an appeal to a single judge of the Supreme Court of Western Australia from conviction in summary proceedings.

Constitution – s 75(iii).

Judiciary Act 1903 (Cth) – s 79.

Australian Securities Commission Act 1989 (Cth) – ss 11(4), 49.

Justices Act 1902 (WA) – s 206A(2).

Corporations (Western Australia) Act 1990 (WA) – ss 7, 58.