Carbines v Powell [1925] HCA 16

Carbines v Powell [1925] HCA 16

Regulation 92 of the Wireless Telegraphy Regulations, which prohibited manufacture and related activities regarding equipment for use as broadcast receivers without a dealer's licence, was ultra vires because the Wireless Telegraphy Act 1905-1919 did not empower the Governor-General to regulate or prohibit manufacture of such equipment. The regulation was independent of, and not merely incidental or necessary for, the purposes or operation of the statute, which was confined to establishment, erection, maintenance, and use of equipment for transmitting or receiving messages.

Parties
Appellant (informant): Frank Leslie Carbines; Respondent (defendant): A. L. Powell
Jurisdiction
Australia
Judgment Date
11 June 1925
Procedural Posture
Appeal (order to Review) / Appeal From a Decision of the Police Magistrate (court of Petty Sessions at Camberwell, Victoria) to the High Court of Australia
Outcome
Appeal dismissed
Legal Topics
Ultra Vires, Regulation Making Powers, Wireless Telegraphy, Scope of Delegated Legislation
Administrative Law Constitutional Law Statutory Interpretation Ultra Vires Regulation Making Powers Wireless Telegraphy Scope of Delegated Legislation

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Parties

Frank Leslie Carbines

Appellant (informant)

A. L. Powell

Respondent (defendant)

Procedural Posture

Appeal (order to Review) / Appeal From a Decision of the Police Magistrate (court of Petty Sessions at Camberwell, Victoria) to the High Court of Australia

Legal Issues

  1. 1 Whether regulation 92 of the Wireless Telegraphy Regulations (Statutory Rules 1924, No. 101) is ultra vires the power conferred by section 10 of the Wireless Telegraphy Act 1905-1919.
  2. 2 Whether regulating the manufacture of wireless equipment for use as broadcast receivers falls within the scope of the Act or the regulation-making power.

Ratio Decidendi

Regulation 92 of the Wireless Telegraphy Regulations, which prohibited manufacture and related activities regarding equipment for use as broadcast receivers without a dealer's licence, was ultra vires because the Wireless Telegraphy Act 1905-1919 did not empower the Governor-General to regulate or prohibit manufacture of such equipment. The regulation was independent of, and not merely incidental or necessary for, the purposes or operation of the statute, which was confined to establishment, erection, maintenance, and use of equipment for transmitting or receiving messages.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.