70617 Study Guide - Final Guide: City Of Sydney, Northern Land Council, Statutory Interpretation
Document Summary
A statutory power can only be exercised for an authorised purpose: Brownwells v ironmongers wages board (1950) (hc); schielske v min for imm (1988) (hc). This cl rule is codified in adjr: s 5(1)(e): that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made. Plus (cid:859)an i(cid:373)proper exer(cid:272)ise of the power(cid:859) includes : s 5(2)(c): an exercise of a power for a purpose other than a purpose for which the power is conferred. What is the purpose of the power under the act. The purpose can be express or implied, and there may be multiple purposes. Express purposes: express purposes are those stated in the statute. The broader the purpose in act, harder a decision is to challenge on ground of improper purpose: municipal council of sydney v campbell (1925) (pc) [9. 2. 9c] - act authorised land resumption power for development not profit.
