Australian Native Landscapes Pty Ltd v McDonald [2013] NSWCA 395

Australian Native Landscapes Pty Ltd v McDonald [2013] NSWCA 395

For the reasons set out in Empire Waste Pty Ltd v District Court of New South Wales [2013] NSWCA 394, the application is dismissed as the relevant regulation making power validly enabled the contested regulations and the legislative scheme supported jurisdiction in the District Court for the proceedings under the repealed Act.

Jurisdiction
Australia
Judgment Date
27 November 2013
Procedural Posture
Appeal / Judgment
Outcome
Application dismissed with costs.
Legal Topics
['interpretation of Regulation Making Powers' 'validity of Transitional Regulations' 'jurisdiction for Prosecutions Under Repealed Statutes']
['statutory Interpretation' 'work Health and Safety Law'] ['interpretation of Regulation Making Powers' 'validity of Transitional Regulations' 'jurisdiction for Prosecutions Under Repealed Statutes']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the regulation making power in the Work Health and Safety Act 2011 enabled regulations conferring jurisdiction for prosecutions under the repealed Occupational Health and Safety Act 2000' 'Whether the relevant regulations were ultra vires']

Ratio Decidendi

For the reasons set out in Empire Waste Pty Ltd v District Court of New South Wales [2013] NSWCA 394, the application is dismissed as the relevant regulation making power validly enabled the contested regulations and the legislative scheme supported jurisdiction in the District Court for the proceedings under the repealed Act.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed with costs.']