High Court of Australia

Duncan v New South Wales [2015] HCA 13

NuCoal Resources Limited v New South Wales

Cascade Coal Pty Limited v New South Wales

15 Apr 2015

Case Number: S119/2014 S138/2014 S206/2014


French CJ, Hayne, Kiefel, Bell, Gageler, Keane, Nettle JJ


Constitutional law – Judicial power – Independent Commission Against Corruption produced reports which recommended passing legislation to cancel three exploration licences granted under Mining Act 1992 (NSW) – Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW) ("Amendment Act") inserted Sched 6A into Mining Act 1992 (NSW), cancelling three licences without compensation – Whether Amendment Act involves exercise of judicial power in nature of, or akin to, bill of pains and penalties.

Constitutional law – Constitution Act 1902 (NSW) – Legislative competence of New South Wales Parliament – Whether Amendment Act is "law" within meaning of s 5 of Constitution Act 1902 (NSW).

Constitutional law – Inconsistency between Commonwealth and State laws – Provision of Amendment Act authorised use or disclosure of information contained in works – Whether provision of Amendment Act inconsistent with Copyright Act 1968 (Cth) and invalid to extent of inconsistency.

Words and phrases – "bill of pains and penalties", "judicial power", "law".

Constitution – Ch III, s 109.

Constitution Act 1902 (NSW) – s 5.

Mining Act 1992 (NSW) – Sched 6A.

Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW).

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