Federal Court of Australia
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REVISED FROM ORAL TRANSCRIPT NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
IN THE FEDERAL COURT OF AUSTRALTA
VICTORIA DISTRICT REGISTRY VG No. 180 of 1985
GENERAL DIVISION
- TEA BETWEEN:
NEVILLE ALLAN KING
Applicant
AND:
MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
' Respondent
1 7 AUGUST, 1985 KEELY J.
EX TEMPOPE REASONS FOR JUDGMENT
T think that the reasons for dismissing the application, which I treat as an application to extend the stay beyond 4.30 tonight, are probably sufficiently clear from what I have said. Putting it very briefly without any
elaboration, I First of all reject the argument that Mr.
Cavanough put primarily last Friday but again today which can be described loosely as being an argument that s. 8 of the
Migration Act cuts down the effect of s. 16 of that Act.
I said last Friday that I had considerable doubts as to that argument but I decided that the just course
overall was to grant the stay to enable me to reflect upon
that argument in the light of the context of the sections of
the Act. Having done that and heard Mr. Cavanough again
ta
today, I am very firmly of the view, which I initially had last Friday, that the argument simply cannot be upheld. I have since last Friday had the opportunity of reading the transcript of the oral judgment of Mr. Justice Woodward in
Samuels' case in which judgment was given on 1 August, 1985.
IT have also looked with some care at the passages
upon which Mr. Cavanough relied from Pearce's Statutory
Interpretation in Australia, 2nd Edition. I read just very
shortly one or two passages from that text~book which appear to me to rather run counter to the general thrust of
counsel's submission for the applicant.
At p. 139 the book, under the heading of present
approach to interpretations of penal statutes, says :
"The approach more frequently used nowadays by the courts was enunciated by Isaacs J. in Scott v Cawsey (1907) 5 C.L.R. 132 at 154."
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