Archibald Gordon McDowall v William Dennis McKee [1979] FCA 40

IN THE PMDERAL COLRT OF AUSIPALTA ) )

INDUSTRIAL DIVISION ) No. 1 of 1979 )

NEW SOUTIL FALES DISTRICT RUCIS"PY )

IN THE MATTER of the Conczliation and Arbitration Act, 1904

AND IN THD "\"TrPR of an information under s.11° ci the said Act

BETWEROUN ARCUTEALD GCREON MCDOWALL

Informant.

AND WILLTAM DEVNTS McKie

Defendant

JUDGE MAKING ORDER: J.B. Sweeney J.

DATE OF ORDUR: 9 May, 1°79 WEDRE MADE: Sydney

THE COURT ORODCRS THAT:

The information be dismissed.

IN THE FLYDERAL COURT OF AUSTRALIA

) ) INDUSTRIAL DTVISTON ) No. 1 of 1979 ) )

NRW _ SOUTH WAILERS DISTRICT REGISTRY

IN THE MATTTR of the Conciliation and Arbitration Act, 1904

AND IN 'TH? MATTER Of an 21nformation under s.1i9 of the said Act

BERTWREN ARCHIBALD GOPDON McDOW?/,LI

Informant AND WILLIAM DENNIS McKEE

pefendant

J.B. SWEENFY J. 9 May, 1979

REASONS FOP JUDGMENT

This 1s a summons seeking the imposition of a penalty for a breach cf s.125(7) of the Conciliation and Arbitration

Act, 1904 ("the act").

The information cn which the summons was issued was laid by the informant who was an inspector within the meaning of the Act. The offence alleged was that the defendant committed a breach of s.125{7) in that on 10 January, 1978 he made a statement in writzng to an inspector which was false in certain particulars. The information was laid on 9 January, 1979. The defendant submittcd: (a) by the repeal of s.125(7) of the concilzation & Arbitration Act, 1904 the liability, if any, incurred by the defendant under that provision

has been extinguished.

(b) the informant 1s not authorized to lay the information and institute the present proceed- ings against the defendant. and at the request of the parties I dealt with the submissions as preliminary matters. Both submissions depend on the view taken of Act No. 64 of 1977 which emended the Conciliation &

Arbitration Act 1n a number of particulars.