Aboriginal Areas Protection Authority v Director of National Parks

The Aboriginal Areas Protection Authority (AAPA) brought proceedings against the Director of National Parks concerning alleged contraventions of the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT). The dispute centred on whether the Director, as an agent of the Commonwealth executive government, was subject to the offence and penalty provisions contained within section 34(1) of the Act. The matter was heard by the Supreme Court of the Northern Territory.

The primary legal issue before the Court was one of statutory interpretation: whether the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT) intended to impose criminal liability on the Director of National Parks, an entity representing the Commonwealth executive government. This required the Court to consider the presumption that statutes do not bind the Crown unless expressly stated or necessarily implied, and how this presumption applies to Commonwealth executive entities.

The Court reasoned that the Director, by virtue of its role and status, was an entity to which the presumption against the imposition of criminal liability on the executive government was capable of application. The Court found that the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT) did not contain any express words or necessary implication demonstrating a legislative intention to impose criminal liability on the Commonwealth executive government. Therefore, the offence and penalty prescribed by section 34(1) of the Act did not apply to the Director.