Duncan v Independent Commission Against Corruption

[2015] HCA 32
Judgment date
Case number
S101/2015
Before
French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Catchwords

Statutes – Interpretation – Amending Acts – Independent Commission Against Corruption Act 1988 (NSW) – Meaning of corrupt conduct – Where High Court decision in Independent Commission Against Corruption v Cunneen [2015] HCA 14 declared meaning of "corrupt conduct" in ICAC Act – Where effect of Cunneen was to make invalid some past acts of respondent – Where Pt 13 of Sched 4 to ICAC Act inserted to validate otherwise invalid acts done by respondent before decision in Cunneen – Whether Pt 13 invalid.

Constitutional law – Validity of legislation – Retrospective amendments – Relevance of Kable principle – Relevance of Kirk principle.

Words and phrases – "corrupt conduct", "deem", "Kable principle", "legal consequences", "retrospective validity".

Independent Commission Against Corruption Act 1988 (NSW) – Sched 4, Pt 13, cll 34, 35.

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