Austrac Operations Pty Ltd v New South Wales

Austrac Operations Pty Ltd applied to the Supreme Court of New South Wales for an injunction to prevent the New South Wales government from implementing certain provisions of the Anti-Corruption Commission and Other Agencies Amendment Act 2021. The applicant, Austrac Operations, argued that the provisions were inconsistent with the federal Crimes Act 1914 and therefore beyond the legislative power of the State. The New South Wales government, as the respondent, opposed the application, arguing that the provisions were within the State’s legislative power and did not conflict with federal law.

The legal issues before the court were whether the Anti-Corruption Commission and Other Agencies Amendment Act 2021 provisions were within the legislative power of the State and whether they conflicted with the federal Crimes Act 1914. The court considered the principles of constitutional law, including the division of legislative powers between the Commonwealth and the States, and the operation of the federal-state concurrency provision in section 109 of the Constitution. The court also considered the relevant provisions of the federal Crimes Act 1914 and the State Act.

The court found that the Anti-Corruption Commission and Other Agencies Amendment Act 2021 provisions were within the legislative power of the State and did not conflict with the federal Crimes Act 1914. The court held that the State had the power to enact the provisions under its constitutional power to make laws with respect to the peace, order, and good government of the State. The court also held that the provisions did not operate to the detriment of the federal law, as required by section 109 of the Constitution. The court found that the provisions were consistent with the federal law and did not seek to regulate the same subject matter in a manner that was inconsistent or incompatible.