Yanner, in the matter of an application under the Torres Strait Islander Commission Act 1989 [2000] FCA 975

FEDERAL COURT OF AUSTRALIA

Yanner, in the matter of an application under the Torres Strait Islander Commission Act 1989 [2000] FCA 975 CONSTITUTIONAL LAW – judicial power of the Commonwealth – justiciable matters – characteristics of judicial power – whether the power conferred on the Federal Court by par 31(3)(c) of the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) is part of the judicial power of the Commonwealth – Court given power to relieve person from disqualification from appointment as commissioner of ATSIC upon unspecified grounds – no guidelines expressly prescribed by the Act – whether guidelines implied by provisions of the Act or statutory preamble or statutory objects - whether power incidental to the judicial function – Held that the Act does not prescribe appropriate criteria for exercise by Court of its discretion – par 31(3)(c) does not confer the judicial power of the Commonwealth – par 31(3)(c) is invalid. STATUTORY INTERPRETATION – reference to statutory preamble and statutory objects – whether permissible Aboriginal and Torres Strait Islander Commission Act 1989 (Cth), par 31(3)(c); ss 3, 5, 7, 8, 9, 10, 11, 12, 27, 30, 31, 38, 40, 41, 41A, 102, 122, 131, 139A, 140, 142V, 196, 196A; Sch 4 Banking (Foreign Exchange) Regulations (Cth) Judiciary Act 1903-1950 (Cth)

The Constitution of the Commonwealth of Australia 1901, ss 71, 75, 76, 77

Conciliation and Arbitration Act 1904-1956 (Cth) Matrimonial Causes Act 1959-1966 (Cth) Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) Commonwealth Authorities and Companies Act 1997 (Cth), ss 5, 7, 28 Judiciary Act 1903 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Banking Act 1974 (Cth) Workplace Relations Act 1996 (Cth), ss 227, 228, 229, 230, 231 Acts Interpretation Act 1901 (Cth), s 15A Corporations Law, s 206G Companies Act (1961) Companies Code (1981)