R v Smithers; Ex parte McMillan [1982] HCA 76

R v Smithers; Ex parte McMillan [1982] HCA 76

Sections 243B and 243E of the Customs Act 1901 (Cth) are a valid exercise of the power of the Commonwealth Parliament; they do not confer non-judicial powers on federal courts nor effect an acquisition of property otherwise than on just terms. The prosecutor's submissions as to legislative power, judicial function, and acquisition of property are rejected.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition (constitutional Law) / Judgment and Orders After Hearing Order Nisi
Outcome
Order nisi for a writ of prohibition discharged with costs. No order on the Attorney-General's application.
Legal Topics
['validity of Commonwealth Legislation' 'pecuniary Penalties' 'legislative Powers Under Australian Constitution S 51(i)' 'acquisition of Property on Just Terms' 'judicial Power of the Commonwealth' 'enforcement of Customs Law']
['constitutional Law' 'customs Law' 'administrative Law'] ['validity of Commonwealth Legislation' 'pecuniary Penalties' 'legislative Powers Under Australian Constitution S 51(i)' 'acquisition of Property on Just Terms' 'judicial Power of the Commonwealth' 'enforcement of Customs Law']

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

Procedural Posture

Application for Prohibition (constitutional Law) / Judgment and Orders After Hearing Order Nisi

Legal Issues

  1. 1 ['Whether ss. 243B and 243E of the Customs Act 1901 (Cth) are supported by the trade and commerce power or the external affairs power under s.51 of the Constitution' 'Whether ss. 243B and 243C confer administrative functions contrary to the judicial power of the Commonwealth' 'Whether s. 243B is a law with respect to the acquisition of property otherwise than on just terms contrary to s.51(xxxi)']

Ratio Decidendi

Sections 243B and 243E of the Customs Act 1901 (Cth) are a valid exercise of the power of the Commonwealth Parliament; they do not confer non-judicial powers on federal courts nor effect an acquisition of property otherwise than on just terms. The prosecutor's submissions as to legislative power, judicial function, and acquisition of property are rejected.

Court Disposition

Order nisi for a writ of prohibition discharged with costs. No order on the Attorney-General's application.

Orders

  • ['Order nisi for a writ of prohibition discharged with costs.' "No order on the Attorney-General's application."]