Clyne, Peter Leopold v Scott, Eardley Murray & anor [1983] FCA 361

The preliminary objections to jurisdiction concerning regulation 42, Treasurer's consent, and informant identity fail; regulation 42 prescribes a penalty for purposes of the Banking Act, proceedings may be instituted prior to Treasurer's consent under s.70(3), and no contrary intention appears regarding informant identity under s.13 Crimes Act. The Court declines to intervene on the admissibility of evidence at this stage by applying its discretion.

Jurisdiction: Australia
Judgment Date: 12 December 1983
Procedural Posture: Judicial Review / Final Judgment on Application
Outcome: Application dismissed with costs in each case.
Legal Topics: ['committal Proceedings' "review of Magistrate's Decision" 'banking (foreign Exchange) Regulations' 'admissibility of Evidence']

['administrative Law' 'criminal Procedure'] ['committal Proceedings' "review of Magistrate's Decision" 'banking (foreign Exchange) Regulations' 'admissibility of Evidence']

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Procedural Posture

Judicial Review / Final Judgment on Application

Legal Issues

1 ['Validity of regulation 42 of Banking (Foreign Exchange) Regulations' "Lack of Treasurer's consent prior to institution of proceedings" 'Identity of informant and proper party' 'Admissibility of confessional material']

Ratio Decidendi

Court Disposition

Application dismissed with costs in each case.

Orders

['The application be dismissed in each case.' 'The applicant pay the costs of the second respondent, including reserved costs.']