High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
THE QUEEN PROSECUTOR
AND
CRAIG ALLAN HUGHES DEFENDANT
The Queen v Hughes [2000] HCA 22
3 May 2000
P58/1999
ORDER
The questions in the Case Stated are answered as follows:
1. Is s 45 of the Corporations Act 1989 (Cth) ("the Corporations Act") as amended by s 4(1) of the Corporations Legislation Amendment Act 1990 (Cth) a valid exercise of legislative power of the Commonwealth of Australia in so far as, with respect to Western Australia, it purports to require offences to be "taken to be" offences against the "laws of the Commonwealth"?
Answer: Unnecessary to answer.
2. If yes, against which laws of the Commonwealth are the offences alleged in the indictment committed?
Answer: Unnecessary to answer.
3. Is s 43(2) of the Corporations Act a valid and effective conferral of function or power upon "an officer or authority" of the Commonwealth to prosecute offences against the Corporations Law of Western Australia?
Answer: Unnecessary to answer.
4. Is s 29 of the Corporations (Western Australia) Act 1990 (WA) ("the WA Corporations Act") a valid exercise of the legislative power
of the Parliament of Western Australia in so far as it purports to create offences which are "taken to be" offences against the laws of the Commonwealth?
Answer: Section 29 is a valid law of the State of Western Australia and operates according to its terms.
5. If offences by the WA Corporations Act are "taken to be" offences against the laws of the Commonwealth, against which laws of the Commonwealth are the offences alleged in the indictment committed?
Answer: Unnecessary to answer.
6. Are offences which, by the WA Corporations Act, are "taken to be" offences against the laws of the Commonwealth, offences against the laws of the Commonwealth or offences against the laws of Western Australia?
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