The Queen v Hughes

Constitutional Law (Cth) – Accused made available in Perth "prescribed interests" relating to transactions to be carried out in the United States of America - Prohibition of offering of "prescribed interests" in undertakings to be performed "whether in Australia or elsewhere" - Director of Public Prosecutions of the Commonwealth instituted prosecution on indictment for making available "prescribed interests" contrary to s 1064(1) and s 1311(1)(a) of the Corporations Law of Western Australia - Whether Director of Public Prosecutions of the Commonwealth had power to prosecute accused - Whether any offence known to the law - Whether offence against the laws of the Commonwealth or of Western Australia - Whether Director of Public Prosecutions of the Commonwealth validly authorised to receive power to prosecute State offences - Whether Director of Public Prosecutions of the Commonwealth validly subjected to a duty to exercise power to prosecute State offences.

Constitutional Law (WA) – Whether Western Australian laws gave power to prosecute offences to the Director of Public Prosecutions of the Commonwealth - Whether State laws invalid as purporting to convert offences against State law into offences against federal law - Whether State laws invalid as constituting an abdication of State legislative power - Whether State laws invalid for want of sufficient specification.

Companies – Corporations Law - Interrelated federal, State and Territory legislation - Offences against Corporations Law of Western Australia - Whether offence against the laws of the Commonwealth or of Western Australia - Whether Director of Public Prosecutions of the Commonwealth validly authorised to prosecute offences against State law - Constitutional validity of interrelated legislation as applicable to the offence alleged.

Criminal Law and Practice – Companies - Offence against law of Western Australia - Whether Director of Public Prosecutions of the Commonwealth validly authorised to prosecute offence.

Words and phrases – "Commonwealth law" - "is taken to be".

Constitution – ss 51(i), 51(xx), 51(xxix), 51(xxxix).

Corporations Act 1989 (Cth) – ss 46, 47, 73, 82.

Corporations Law – ss 1064(1), 1311(1)(a).

Director of Public Prosecutions Act 1983 (Cth) – ss 5(2), 6, 7, 8, 9.

Corporations (Commonwealth Authorities and Officers) Regulations 1990 (Cth) – reg 3(1)(d).

Corporations (Western Australia) Act 1990 (WA) – ss 7, 26, 28, 29, 31, 32, 33.