High Court of Australia
1985-048
IN THE MATTER OF AN APPLICATION FOR A WRIT OF CERTIORARI
AGAINST L.P. MITCHELL ESQUIRE, STIPENDIARY MAGISTRATE
SITTING AS A MAGISTRATES COURT IN BRISBANE: EX PARTE
ALAN GEORGE SKYRING
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JUDGMENT WILSON J. (ORAL)
IN THE MATTER OF AN APPLICATION FOR A WRIT OF CERTIORARI
AGAINST L.P. MITCHELL ESQUIRE, STIPENDIARY MAGISTRATE
SITTING AS A MAGISTRATES COURT IN BRISBANE: EX PARTE
ALAN GEORGE SKYRING
In this matter Mr Skyring seeks the issue of a writ of certiorari directed to the quashing of a conviction against him of an offence under s. 52(a) of the Reserve
Bank Act 1959 (Cth). That section provides that:
"a person shall not -
(a) wilfully deface, disfigure or mutilate an Australian note;
Penalty: One hundred dollars."
It is Mr Skyring's contention that s. 36(1) of the Reserve Bank Act, which provides that Australian notes are a legal tender throughout Australia is beyond the legislative power of the Commonwealth. This contention reflects his view that the entire currency and banking system as it is presently ordered in Australia is unconstitutional. His admitted defacement of an Australian bank note was undertaken, as he says, in order to permit the wider issues about which he was
concerned to be addressed.
Mr Skyring frankly admits that the central issue is precisely the same issue which was the subject of consideration by Deane J. on 6 February 1985 when his Honour refused an application (in accordance with Order 58
Rule 4) for leave to Mr Skyring to institute proceedings
in the form of an application for a writ of certiorari. That refusal was the subject of appeal to a Full Court. That appeal was heard and dismissed this morning when the Court accepted the conclusions expressed by Deane J. as follows: "I have come to a clear conclusion that there is no substance in the argument that there is a constitutional bar against the issue by the Commonwealth of paper money as legal tender. Nor, in my view, would there be any substance in an argument that the provisions of section 36(1) of
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