And: DOUGLAS BRADDON CHILD (1983) 77 FLR 87
No. V18 and 19 of 1983
Industrial Law
4 IR 315
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
Northrop(1), Keely(2) and Fitzgerald(2) JJ.
Industrial law - conciliation and arbitration - prosecution for an offence under Conciliation and Arbitration Act - whether jurisdiction of Federal Court exclusive of that of State courts - appeal from State courts to Federal Court - costs.
Conciliation and Arbitration Act 1904 ss.5, 113, 118A, 122, 138, 147, 171, 191, 197A.
Judiciary Act 1903 ss.39, 68.
Acts Interpretation Act 1901 ss.26, 41, 42, 43, 44.
Industrial Law - Conciliation and arbitration - Prosecution for an offence under Conciliation and Arbitration Act - Conviction by Magistrates' Court - Whether jurisdiction of Federal Court exclusive - Whether proceeding for a penalty - Invalid order as to costs - Acts Interpretation Act 1901 (Cth), ss 26, 41, 42, 43, 44 - Judiciary Act 1903 (Cth), ss 39, 68 - Conciliation and Arbitration Act 1904 (Cth), ss 5, 113, 118A, 127, 138, 147, 171, 191, 197A.
The appellant had been charged by information in the Magistrates' Court with a number of contraventions of s 171of the Conciliation and Arbitration Act 1904 which prohibits certain conduct in connection with an election for an office in an organisation. At the foot of s 171 the words appear "Penalty: Five hundred dollars or imprisonment for six months, or both". The respondent was convicted by the Magistrates' Court, fined and ordered to pay costs. On appeal the appellant submitted that the Magistrates' Court had lacked jurisdiction to hear the charges and that the same were within the exclusive jurisdiction of the Federal Court.
Held: (1) The Magistrates' Court had possessed jurisdiction to hear the charges as:
(a) Section 191 of the Conciliation and Arbitration Act 1904 did not displace the jurisdiction given to the Magistrates' Court by s 39(2) of the Judiciary Act 1903.
Cockle v Isaksen (1957) 99 CLR 155; Adams v Cleeve (1935) 53 CLR 185; R v Ward (1978) 140 CLR 584, 588-589, applied.
(b) Section 147 of the Conciliation and Arbitration Act 1904 had no application because the appellant had not been proceeded against in the Magistrates' Court for a pecuniary penalty.
Per Northrop J - The court should not depart from the long-established practice that prosecutions for criminal offences under the Conciliation and Arbitration Act 1904 whether a pecuniary penalty only or a pecuniary penalty or imprisonment or both are set out at the foot of the section, and irrespective of whether the offences required the accused to be an organisation or a member thereof may be brought in courts of summary jurisdiction although in an appropriate case that practice might be reconsidered.
(2) The order of the Magistrates' Court should be varied by deleting the order for costs as s 197A of the Conciliation and Arbitration Act 1904 prevented such an order.
Melbourne, 1983, July…
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- [1983] FCA 129
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