High Court of Australia

North Australian Aboriginal Justice Agency Limited v Northern Territory [2015] HCA 41

M45/2015

11 Nov 2015


Before

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

Catchwords

Statutory interpretation – Div 4AA of Pt VII of Police Administration Act (NT) provides members of Northern Territory Police Force who arrest person without warrant in relation to infringement notice offence can detain person for up to four hours – Whether detention penal or punitive in character – Relevance of principle of legality – Relevance of principle in Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1.

Constitutional law (Cth) – Separation of judicial power – Whether Legislative Assembly of Northern Territory subject to constitutional limitations which limit legislative power of Commonwealth Parliament – Interaction between s 122 and Ch III of Commonwealth Constitution.

Constitutional law (Cth) – Constitution – Ch III – Principle in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 – Whether Div 4AA of Pt VII of Police Administration Act (NT) conferred powers on Northern Territory executive which impaired, undermined or detracted from institutional integrity of Northern Territory courts.

Words and phrases – "infringement notice offence", "institutional integrity", "Kable principle", "penal or punitive", "separation of judicial power", "supervisory jurisdiction".

Constitution – Ch III, s 122.

Bail Act (NT) – ss 16, 33.

Fines and Penalties (Recovery) Act (NT) – ss 9, 12B, 13, 21, 22.

Police Administration Act (NT) – Pt VII, Div 4AA; ss 123, 137, 138.

Police Administration Regulations (NT) – reg 19A.
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