MJD Foundation Limited v Minister of Indigenous Affairs [2015] FCA 1172

MJD Foundation Limited v Minister of Indigenous Affairs [2015] FCA 1172

Section 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) confers upon the Minister the power to make a direction for payment from the Aboriginals Benefit Account, but does not permit the Minister to revoke or revisit such a direction, as the statutory scheme and language manifest a contrary intention, rendering the Minister functus officio after the first exercise of the power. Accordingly, decisions by a later Minister seeking to revoke or reverse such a direction are beyond power.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Judicial Review / Judgment After Hearing on Amended Originating Application
Outcome
Application for judicial review upheld. Ministerial decisions of 18 December 2013 and 30 June 2015 held to be without power (ultra vires).
Legal Topics
['statutory Construction' 'powers of Ministers' 'revocation and Variation of Administrative Decisions' 'functus Officio' 'aboriginal Land Rights' 'government Grants']
['administrative Law'] ['statutory Construction' 'powers of Ministers' 'revocation and Variation of Administrative Decisions' 'functus Officio' 'aboriginal Land Rights' 'government Grants']

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Procedural Posture

Judicial Review / Judgment After Hearing on Amended Originating Application

Legal Issues

  1. 1 ['Whether the Minister for Indigenous Affairs had power to revoke or revisit a direction for payment made under s 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)' 'Whether a contrary intention prevents the operation of s 33(1) of the Acts Interpretation Act 1901 (Cth) in the context of s 64(4)' 'Whether the Minister was functus officio after the initial direction was made']

Ratio Decidendi

Section 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) confers upon the Minister the power to make a direction for payment from the Aboriginals Benefit Account, but does not permit the Minister to revoke or revisit such a direction, as the statutory scheme and language manifest a contrary intention, rendering the Minister functus officio after the first exercise of the power. Accordingly, decisions by a later Minister seeking to revoke or reverse such a direction are beyond power.

Court Disposition

Application for judicial review upheld. Ministerial decisions of 18 December 2013 and 30 June 2015 held to be without power (ultra vires).

Orders

  • ['The parties are to bring in Short Minutes of Orders to give effect to these reasons within 14 days.' 'In the absence of agreement, the parties are to have the matter re-listed within 21 days.']