Disorganized Developments Pty Ltd & Ors v. State of South Australia

Lower Court Judgment

16/02/2022 Supreme Court of South Australia (Court of Appeal) (Livesey P, Doyle & Bleby JJA)

[2022] SASCA 6

Catchwords

Statutes – Interpretation – Invalidity – Where s 83GD(1) in Pt 3B, Div 2 of Criminal Law Consolidation Act 1935 (SA) ("CLCA") provides person who participant in criminal organisation and enters, or attempts to enter, "prescribed place" commits offence – Where s 83GA(1) defines "prescribed place" as place declared by regulation, but s 83GA(2) requires regulation under subsection (1) to "only relate to … 1 place" – Where appellants became registered proprietors of land ("Cowirra Land") – Where Pt 3B, Div2 of CLCA inserted by Statutes Amendment (Serious and Organised Crime) Act 2015 (SA) ("Amending Act") – Where s 13 of Amending Act provided Criminal Law Consolidation (Criminal Organisations) Regulations 2015 ("CLCR") (set out in Sch 1) be regulations under CLCA – Where cl 3 of Sch 1 of Amending Act declared places to be prescribed places, but not Cowirra Land – Where Governor in Council subsequently made Criminal Law Consolidation (Criminal Organisations) (Prescribed Place – Cowirra) Variation Regulations 2020 ("Cowirra (No.1) Regulations") and Criminal Law Consolidation (Criminal Organisations) (Prescribed Place – Cowirra) (No 2) Variation Regulations 2020 ("Cowirra (No.2) Regulations") – Where Cowirra (No.1) Regulations and Cowirra (No.2) Regulations sought to vary r 3 of CLCR to add Cowirra Land as prescribed place – Whether r 3 of CLCR beyond power conferred by s 83GA(2) of CLCA – Whether Cowirra (No.1) Regulations and Cowirra (No.2) Regulations invalid because of absence of procedural fairness accorded – Whether, if Cowirra (No.1) Regulations and Cowirra (No.2) Regulations valid, s 83GD of CLCA applies to owner of land declared to be "prescribed place", director of corporation which is owner of land or any person authorised to access land.