Federal Court of Australia
CATCHWORDS
Wilful insult - Royal Commission
Royal Commissions Act 190Z (Cth) s.60(1)
The Queen v McDonald & Ors, Nos. ACT G.34-50, G.52-58 of 1982 (delivered 4 October 1983)
Thurley v Hayes (1920) 27 CLR 548
Dow v Attorney-General £1980] QdrR 58
Bel? v Stewart (1920) 28 CLR 419
THE QUEEN v PETER JOHN O'DEA
No. ACT G.51 of 1982
Coram : Davies, J
Canberra
4 October 1983
IN THE FEDERAL COURT OF AUSTRALIA
) ) AUSTRALIAN CAPITAL TERRITORY ) No. ACT G.51 of 1982 DISTRICT REGISTRY )
)
)
GENERAL DIVISION
THE QUEEN Prosecutor PETER JOHN 0'DEA Defendant REASONS 4 October 1983 DAVIES, J
This prosecution arises out of an event which occurred on 4 March 1982 at Canberra in the course of proceedings hefore John Spence Winneke, QC, who held two commissions, one Federal and one State, to inquire into activities of the Australian Building Construction Employees' and Builders Labourers' Federation ("the
BLF").
In other proceedings, The Queen v McDonald & Ors, NSW G.34-50, G.52-58 of 1982 (delivered 4 Octeber 1983), I
considered the effect of the inquiry pursuant to the two
commissions. In the present proceedings, only the Federal
Letters Patent have been tendered. Mr R. Merkel, QC, senior counsel for Mr O'Dea, did not contend in this proceeding that, on 4 March 1982, Mr Winneke was not exercising his Federal Commission or that, if there was a wilful insult to a commission
oer commissions, the insult was not an insult to the Federal
Commission.
The Letters Patent issued to Mr Winneke by His Excellency The Governor-General of Australia on 20 August 1981 read :
"ELIZABETH THE SECOND, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth :
TO dohn Spence Winneke QC GREETING :
WE DO by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and in pursuance of the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and other enabling powers, appoint you to be, on and from 20 August 1S81, a Commissioner to inquire, for the purpose of the exercise and performance of the powers and functions of the Parliament and Government of the Commonwealth, whether the Australian Building Constructior Employees' and Builders Labourers' Federation (hereinafter referred to as 'the Federation') or any officer or member of the Federation, in the course of or in relation to the affairs of the Federation, has been or is engaged in activities contrary to a law of the Commonwealth.
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