LWZ115 Lecture Notes - Lecture 10: Jumbunna, Victoria, Plenary Power, Jury Trial
Further presumptions Interpreting the Constitution
Presumption that Legislation does not have extra- territorial effect
Commonwealth- Acts Interpretation Act s21(1)(b)
“references to localities jurisdictions and other matters and things shall be construed
as references to such localities jurisdictions and other matters and things in and of
the Commonwealth.”
Northern Territory- Interpretation Act s38(1)(b)
“references to localities, jurisdictions and other matters and things shall be construed
as references to such localities, jurisdictions and other matters and things in and of
the Territory.”
At common law- Jumbunna Coal Mine NL v Victorian Coal Miners’ Association
(1908) 6 CLR 309 at 363
Example
XYZ v Commonwealth (2006) 227 CLR 532
Clear words- s50BA(1) of the Crimes Act:
A person must not, while outside Australia, engage in sexual intercourse with a
person who is under 16.
s50AD
A person must not be charged with an offence against this Part that the person
allegedly committed outside Australia unless, at the time of the offence, the person
was:(a) an Australian citizen; or(b) a resident of Australia
Presumption that legislation does not bind the Crown
Bropho v State of Western Australia (1990) 171 CLR 1 Aboriginal Heritage Act 1972
(WA) s17
A person who —
(a) excavates, destroys, damages, conceals or in any way alters
any Aboriginal site; or
(b) in any way alters, damages, removes, destroys, conceals, or who
deals with in a manner not sanctioned by relevant custom, or assumes the
possession, custody or control of, any object on or under an Aboriginal site,
commits an offence unless he is acting with the authorisation of the
Registrar under section 16 or the consent of the Minister under section 18.
“the strength of the presumption that the Crown is not bound by the general words of
statutory provisions will depend upon the circumstances, including the content and
purpose of the particular provision and the identity of the entity in respect of which
the question of the applicability of the provision arises… ..
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Document Summary
Presumption that legislation does not have extra- territorial effect. References to localities jurisdictions and other matters and things shall be construed as references to such localities jurisdictions and other matters and things in and of the commonwealth. References to localities, jurisdictions and other matters and things shall be construed as references to such localities, jurisdictions and other matters and things in and of the territory. At common law- jumbunna coal mine nl v victorian coal miners" association (1908) 6 clr 309 at 363. Xyz v commonwealth (2006) 227 clr 532. Clear words- s50ba(1) of the crimes act: A person must not, while outside australia, engage in sexual intercourse with a person who is under 16. A person must not be charged with an offence against this part that the person allegedly committed outside australia unless, at the time of the offence, the person was:(a) an australian citizen; or(b) a resident of australia.
