Bird v Colonial Spark Plugs Pty Ltd [1942] HCA 11

Bird v Colonial Spark Plugs Pty Ltd [1942] HCA 11

Under the combined effect of the National Security Act 1939-1940, section 10(4) and the Solicitor-General Act 1916, sections 2(2) and 3(1), the Solicitor-General, acting under a valid delegation from the Attorney-General, may authorize another person to consent to summary prosecutions under the National Security Act, and such authorization meets the statutory requirement for summary prosecution consent.

Parties
Informant: Henry Scorer Bird; Respondent: Colonial Spark Plugs Proprietary Limited
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Special Leave to Appeal From Supreme Court of Victoria
Outcome
special leave to appeal refused
Legal Topics
Delegation of Prosecutorial Power, National Security Offences, Consent for Prosecution, Interpretation of Enabling Statutes
Criminal Law Administrative Law Statutory Interpretation Delegation of Prosecutorial Power National Security Offences Consent for Prosecution Interpretation of Enabling Statutes

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Henry Scorer Bird

Informant

Colonial Spark Plugs Proprietary Limited

Respondent

Procedural Posture

Application for Special Leave to Appeal / Special Leave to Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether the Solicitor-General can authorize another person to consent to a summary prosecution under section 10(4) of the National Security Act 1939-1940 via a delegation from the Attorney-General
  2. 2 Whether the Solicitor-General Act 1916 permits the delegation and exercise of such power in respect of prosecutions under the National Security Act

Ratio Decidendi

Under the combined effect of the National Security Act 1939-1940, section 10(4) and the Solicitor-General Act 1916, sections 2(2) and 3(1), the Solicitor-General, acting under a valid delegation from the Attorney-General, may authorize another person to consent to summary prosecutions under the National Security Act, and such authorization meets the statutory requirement for summary prosecution consent.

Court Disposition

special leave to appeal refused

Orders

  • Applicant to pay the costs of the motions to the respondent.