Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial review - Decision of stipendiary magistrate in committal proceedings - Validity of reg. 42 of the Banking (Foreign Exchange) Regulations - Same offence triable summarily or upon indictment ~- Different maximum penalties - Whether
reg. 42 "prescribes" a penalty.
Acts Interpretation Act 1901, ss. 42, 42
Administrative Decisions (Judicial Review) Act 1977,
Banking Act 1959, ss. 39, 70
Crimes Act 1914, s. 21
Banking (Foreign Exchange) Regulations regs. 40, 42
Ss.
PETER LEOPOLD CLYNE v. EARDLEY MURRAY SCOTT (S.M.) and
PAUL JAMES HOLDING N.S.W. No. G407 of 1983 CORAM: Bowen C.J., McGregor and Sheppard JJ. 8 March 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G407 of 1983
) GENERAL DIVISION )
On Appeal from_a_single judge of
the Federal Court of Australia
BETWEEN PETER LEOPOLD CLYNE Appellant AND
EARDLEY MURRAY SCOTT (S.M.)
First respondent
AND PAUL JAMES HOLDING Second respondent ORDER
JUDGES MAKING ORDER Bowen C.J. and McGregor and
Sheppard JJ.
8 March 1984
DATE OF ORDER
WHERE MADE
Sydney
THE COURT ORDERS THAT
1. The appeal be dismissed.
2. The appellant pay the respondents' costs.
IN_THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) No. G407 of 1983
) GENERAL DIVISION )
On Appeal from_a_ single judge of the Federal Court of Australia
BETWEEN PETER LEOPOLD CLYNE Appellant AND
EARDLEY MURRAY SCOTT (S.M.)
First respondent
AND
PAUL JAMES HOLDING
Second respondent
CORAM: Bowen C.J. and McGregor and Sheppard JJ. DATED: 8 March 1984
REASONS FOR JUDGMENT
THE COURT: This appeal from a single judge of the Court raises the question of the validity
of reg. 42 of the Banking (Foreign Exchange)
Regulations. At first instance the appellant argued a number of other matters but none of these was
pursued before us. It is common ground between the
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