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Disorganized Developments Pty Ltd v South Australia

[2023] HCA 22
Case number
A22/2022
Before
Kiefel CJ, Gageler, Steward, Gleeson, Jagot JJ
Catchwords

Statutes – Interpretation – Efficacy of regulations – Where s 83GD(1) of Criminal Law Consolidation Act 1935 (SA) ("1935 Act") established offence for participant in criminal organisation to enter or attempt to enter "prescribed place" – Where "prescribed place" meant place declared by regulation – Where s 370 of 1935 Act empowered Governor in Council to make regulations – Where Criminal Law Consolidation (Criminal Organisations) Regulations 2015 (SA) ("2015 Regulations") declared list of places to be "prescribed places" – Where Governor made two Regulations ("Cowirra Regulations") purporting to vary 2015 Regulations to include blocks of land at Cowirra, South Australia ("Cowirra land") – Where appellants owners and occupiers of Cowirra land – Where, if Cowirra Regulations valid, second and third appellants would commit criminal offence if they entered Cowirra land – Where Cowirra Regulations did not in terms "declare" Cowirra land to be "prescribed places" – Whether Cowirra Regulations valid exercise of regulation-making power in s 370 of 1935 Act.
Statutes – Interpretation – Presumption of duty to afford procedural fairness – Whether power to make regulations prescribing places under 1935 Act conditioned by duty to afford procedural fairness to owners and occupiers of land – Whether presumption displaced by statute.
Words and phrases – "declaration power", "displace", "duty", "Governor in Council", "owners and occupiers", "participant in a criminal organisation", "prescribed place", "presumption", "procedural fairness", "regulation-making power", "statutory interpretation".
Criminal Law Consolidation Act 1935 (SA), Pt 3B, Div 2.
Statutes Amendment (Serious and Organised Crime) Act 2015 (SA), Pt 5, Sch 1.
Criminal Law Consolidation (Criminal Organisations) (Prescribed Place–Cowirra) Variation Regulations 2020 (SA).
Criminal Law Consolidation (Criminal Organisations) (Prescribed Place–Cowirra) (No 2) Variation Regulations 2020 (SA).
Criminal Law Consolidation (Criminal Organisations) Regulations 2015 (SA).
 

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