JSB171 Lecture Notes - Lecture 1: Pricewaterhousecoopers, Migration Act 1958, National Dock Labour Board
Document Summary
Ground of jr decision was not authorised by the enactment. Here it is necessary to examine the following grounds: The [s5(1)(d) ad(jr) act (cth) / s20(2)(d) jr act (qld)] provides that where the decision was not authorised by the enactment under which it was purposed to be made; it will create a ground of review. Here [applicant] may argue [decision-maker] breached the rule against delegation as they acted outside the scope of their power by making an unauthorised delegation to [officer] who purported to make the [decision/part of the decision]. Whether authorised question of statutory construction: london county council v ag. It is presumed that parliament, in conferring powers, intends them to be exercised in accordance with fundamental tenets of the legal system: bropho v wa. Police had raided a factory of coco, and had planted a listening device under a qld statute, gained under a judge. Evidence obtained against coco, to be used in prosecution for tax evasion.
