Clyne, Peter Leopold v Scott, Eardley Murray (S.M.) & Anor [1984] FCA 41

Clyne, Peter Leopold v Scott, Eardley Murray (S.M.) & Anor [1984] FCA 41

Regulation 42 validly prescribes penalties for offences under the regulations, as it fixes the maximum penalties allowed for both summary and indictable prosecutions, and this practice is well-recognised and envisaged by related legislative provisions including s. 70 of the Banking Act 1959.

Parties
Appellant: Peter Leopold Clyne; First Respondent: Eardley Murray Scott (S.M.); Second Respondent: Paul James Holding
Jurisdiction
Australia
Judgment Date
08 March 1984
Procedural Posture
Appeal / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Validity of Subordinate Legislation, Committal Proceedings, Prescribing Penalties, Summary and Indictable Offences
Administrative Law Judicial Review Validity of Subordinate Legislation Committal Proceedings Prescribing Penalties Summary and Indictable Offences

Case Brief

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Parties

Peter Leopold Clyne

Appellant

Eardley Murray Scott (S.M.)

First Respondent

Paul James Holding

Second Respondent

Procedural Posture

Appeal / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether reg. 42 of the Banking (Foreign Exchange) Regulations validly 'prescribes' penalties within the power conferred by s. 39(2)(q) of the Banking Act 1959
  2. 2 Whether the prescription of different maximum penalties for summary and indictable prosecution is a valid exercise of regulation-making power

Ratio Decidendi

Regulation 42 validly prescribes penalties for offences under the regulations, as it fixes the maximum penalties allowed for both summary and indictable prosecutions, and this practice is well-recognised and envisaged by related legislative provisions including s. 70 of the Banking Act 1959.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs.