R v Australian Industrial Court; CLM Holdings Pty Ltd, Ex p [1977] HCA 6

R v Australian Industrial Court; CLM Holdings Pty Ltd, Ex p [1977] HCA 6

The order nisi was discharged because s. 79 was supported as an incident of the heads of power sustaining the substantive Pt V prohibitions, s. 6(2) and s. 6(3) validly extended s. 53(a) to persons not being corporations within the stated constitutional limits, and s. 5 of the Crimes Act 1914 Cth could apply to a natural person knowingly concerned in the alleged offences.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Motion to Make Order Nisi Absolute
Outcome
Order nisi discharged.
Legal Topics
['commonwealth Legislative Power' 'corporations Power' 'trade Practices Act Offences' 'misleading Representations as to Goods' 'extended Operation of Commonwealth Legislation' 'accessorial Liability Under S. 5 of the Crimes Act 1914 Cth']
['constitutional Law' 'trade Practices' 'criminal Law'] ['commonwealth Legislative Power' 'corporations Power' 'trade Practices Act Offences' 'misleading Representations as to Goods' 'extended Operation of Commonwealth Legislation' 'accessorial Liability Under S. 5 of the Crimes Act 1914 Cth']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Prohibition / Motion to Make Order Nisi Absolute

Legal Issues

  1. 1 ['Whether s. 79 of the Trade Practices Act 1974 Cth exceeded Commonwealth legislative power by making contraventions of Pt V offences by persons other than corporations within s. 51(xx.) of the Constitution.' 'Whether s. 6(2) and s. 6(3) validly gave s. 53(a) of the Trade Practices Act 1974 Cth an extended operation in relation to persons not being corporations.' 'Whether a natural person could be deemed under s. 5 of the Crimes Act 1914 Cth to have committed an offence against s. 53(a) and s. 79 of the Trade Practices Act 1974 Cth.']

Ratio Decidendi

The order nisi was discharged because s. 79 was supported as an incident of the heads of power sustaining the substantive Pt V prohibitions, s. 6(2) and s. 6(3) validly extended s. 53(a) to persons not being corporations within the stated constitutional limits, and s. 5 of the Crimes Act 1914 Cth could apply to a natural person knowingly concerned in the alleged offences.

Court Disposition

Order nisi discharged.

Orders

  • ['Order nisi discharged.' "Prosecutors to pay respondents' costs including reserved costs."]