Re: PETER LEOPOLD CLYNE
And: EARDLEY MURRAY SCOTT (S.M.) and PAUL JAMES HOLDING (1983) 74 FLR 64
No. G193 of 1983 and G317 of 1983
Administrative Law
COURT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Beaumont J.(1)
CATCHWORDS
Administrative Law - Judicial Review - Decisions made in committal proceedings for alleged breach of Banking (Foreign Exchange) Regulations - Claim that proceedings could not be maintained or continued since not properly instituted - Claim that regulation 42 of Banking (Foreign Exchange) Regulations invalid since it does not "prescribe" a penalty for breach of regulation 40 as required by Banking Act, 1959 - No consent of Treasurer as required by Act prior to institution of proceedings - Informant not a proper informant - Decision to admit certain admissions made by applicant in other proceedings - Admissibility of the confessional material considered - Discretion - Consideration of power of review in respect of committal proceedings.
Administrative Decisions (Judicial Review) Act, 1977 s.5
Banking Act, 1959 s.39(2)(q), 70(1), 70(3), 70(4)
Banking (Foreign Exchange) Regulations, regulation 40, 42
Crimes Act, 1914 s.13
Administrative Law - Judicial review - Alleged breach of regulations made under Banking Act 1959 (Cth) - Whether regulation was invalid - Whether consent of Treasurer was required before proceedings were instituted - Whether contrary intention appeared in Banking Act or regulations - Applicant sought review of decisions of a stipendiary magistrate in committal proceedings - Admissibility of evidence - Whether Federal Court of Australia should intervene in committal proceedings - Discretion to refuse relief - Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5 - Banking Act 1959 (Cth), ss 39, 70 - Banking (Foreign Exchange) Regulations, regs 40, 42 - Crimes Act 1914 (Cth), s. 13.
HEADNOTE
Committal proceedings were brought against the applicant by the second respondent who alleged that the applicant had breached s. 40 of the Banking (Foreign Exchange) Regulations made under the Banking Act 1959 (Cth). A number of preliminary objections were made on behalf of the applicant, namely: (i) reg. 42 of the Banking (Foreign Exchange) Regulations was invalid; (ii) the proceedings were bad because the consent of the Treasurer, as required by s. 70 of the Banking Act 1959 (Cth), was not obtained for some days after the information was exhibited on 10 December 1982; (iii) the information was bad because the informant was not an officer of the Reserve Bank, the proceedings having been brought under regulations administered by that bank.
On 20 July 1983, the first respondent, a stipendiary magistrate before whom the committal proceedings were heard, rejected the objections taken and held in a reserved decision that he had jurisdiction to proceed in the matter.
On 7 October 1983, the first respondent in a reserved decision decided to admit into evidence certain material which had been tendered in the course of the applicant's cross-examination in other proceedings.
The applicant applied to the Federal Court of Australia under the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review…
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- AGLC
- Clyne, Peter Leopold v Scott, Eardley Murray & anor [1983] FCA 361 ((1983) 74 FLR 64)
- Case
- [1983] FCA 361
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the committal proceedings were properly instituted and whether the applicant's claims regarding the invalidity of regulation 42, the lack of consent of the Treasurer, and the propriety of the informant had merit. Additionally, the court needed to determine whether the admissions made by the applicant in other proceedings were properly admitted and whether the court had the power to review the committal proceedings.
The court dismissed the application in each case. It held that the committal proceedings were properly instituted and that regulation 42 was valid. The court found that the consent of the Treasurer was not required prior to the institution of proceedings, and that the informant was proper. Regarding the admissions made by the applicant in other proceedings, the court considered the discretion in admitting confessional material and found that the decision to admit such material was within the court's discretion. The court concluded that it did not have the power to review the committal proceedings.
The court dismissed the application and ordered the applicant to pay the costs of the second respondent, including reserved costs.
Orders
Orders of the court
1. The application be dismissed in each case.
2. The applicant pay the costs of the second respondent, including reserved costs.
Orders accordingly.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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