Minister for Indigenous Affairs v MJD Foundation Limited [2017] FCAFC 37

Minister for Indigenous Affairs v MJD Foundation Limited [2017] FCAFC 37

By majority (Mortimer and Perry JJ), the appeal was dismissed. The Court held that section 33(1) of the Acts Interpretation Act 1901 (Cth) does not imply a power to revoke a Ministerial direction under section 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), as the legislative scheme evinces a contrary intention: once the direction is made and communicated, it is not open to be revoked by a subsequent Minister. Perram J dissented, finding section 33(1) would permit such revocation absent a contrary intention.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Appeal / Judgment on Appeal From Federal Court Decision [2015] FCA 1172
Outcome
Appeal dismissed
Legal Topics
['revocation of Administrative Decisions' 'functus Officio' 'aboriginal Land Rights' 'statutory Construction' 'ministerial Powers']
['administrative Law' 'statutory Interpretation' 'indigenous Law'] ['revocation of Administrative Decisions' 'functus Officio' 'aboriginal Land Rights' 'statutory Construction' 'ministerial Powers']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Court Decision [2015] FCA 1172

Legal Issues

  1. 1 ['Whether section 33(1) of the Acts Interpretation Act 1901 (Cth) authorises the revocation of an administrative decision to grant funding under section 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)' 'Whether the scheme of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) evinces a contrary intention to allowing revocation under section 33(1)']

Ratio Decidendi

By majority (Mortimer and Perry JJ), the appeal was dismissed. The Court held that section 33(1) of the Acts Interpretation Act 1901 (Cth) does not imply a power to revoke a Ministerial direction under section 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), as the legislative scheme evinces a contrary intention: once the direction is made and communicated, it is not open to be revoked by a subsequent Minister. Perram J dissented, finding section 33(1) would permit such revocation absent a contrary intention.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The Appellants pay the Respondent's costs of the appeal as taxed or agreed."]