Fisk v Chief of the Defence Force (No 2) [2017] FCA 1490

FEDERAL COURT OF AUSTRALIA

Fisk v Chief of the Defence Force (No 2) [2017] FCA 1490 File number: NSD 1159 of 2016

Judge: PERRY J

Date of judgment: 8 December 2017

Catchwords: DEFENCE AND WAR – whether termination notice issued to officer, Australian Defence Force, under reg 85(2), Defence (Personnel) Regulations 2002 (Cth) is invalid by reason of invalid delegation - principles relevant to conditions of an instrument of delegation

Legislation: Acts and Instruments (Framework Reform) Act 2015 (Cth) Acts Interpretation Act 1901 (Cth) s 46 Legislation Act 2003 (Cth) ss 8, 10, 46 Legislative Instruments Act 2003 (Cth) s 5 Defence Force Regulations 1952 (Cth) Defence (Personnel) Regulations 2002 (Cth) regs 85, 119 Defence Regulation 2016 (Cth) Legislation (Exemptions and Other Matters) Regulation 2015 (Cth) Explanatory Memorandum to the Acts and Instruments (Framework Reform) Bill 2014

Cases cited: Coco v The Queen (1994) 179 CLR 427 Electrolux Home Products Pty Ltd v Australian Workers' Union (2004) 221 CLR 309 Federal Commissioner of Taxation v Munro (1926) 38 CLR 153 Master Education Services Pty Limited v Ketchell [2008] HCA 38; (2008) 236 CLR 101 Noble v Commonwealth (1943) 17 ALJ 184 One.Tel Limited v Australian Communications Authority (2000) 110 FCR 125 Owendale Pty Limited v Anthony (1966) 117 CLR 539 Parks Holdings Pty Ltd (t/as Gladston Chemicals) v Chief Executive Officer of Customs [2004] FCA 820; (2004) 81 ALD 365 Parks Holdings Pty Ltd v Chief Executive Officer of Customs [2001] AATA 562 Perpetual Trustee Co (Canberra) Ltd v Commissioner for ACT Revenue (1994) 119 FLR 38 Re Reference Under Section 11 of Ombudsman Act 1976 for an Advisory Opinion; ex parte Director-General of Social Services (1979) 2 ALD 86