High Court of Australia
HIGH COURT OF AUSTRALIA
GUMMOW J
KENNETH IAN O'MEARA APPLICANT
AND
STEPHEN GRAHAM McTACKETT & ORS RESPONDENTS
O'Meara v McTackett [2000] HCA 32
31 May 2000
S212/1999
ORDER
1. Application dismissed.
2. Applicant to pay the costs of the first, second, third, fourth and eighth respondents.
3. No order as to costs in respect of the fifth, sixth and seventh respondents.
Representation:
Applicant represented himself
M J Leeming for the first, second, third and fourth respondents (instructed by Australian Government Solicitor) and for the eighth respondent (instructed by Director of Public Prosecutions)
M G Sexton QC, Solicitor-General for the State of New South Wales for the fifth, sixth and seventh respondents (instructed by Crown Solicitor for the State of New South Wales)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
O'Meara v McTackett
Constitutional law (Cth) – Whether authorisation of a search warrant under s 3E of the Crimes Act 1914 (Cth) is in breach of s 71 of the Constitution – Whether s 29D of the Crimes Act 1914 (Cth) is beyond the legislative power of the Commonwealth Parliament – Whether the State laws authorising the Director of Public Prosecutions of New South Wales to issue indictments under s 10 of the Criminal Procedure Act 1986 (NSW) are inconsistent with s 7(2) of the Australia Act 1986 (NSW).
Practice and procedure – Jurisdiction invested in State Supreme Courts by the Judiciary Act 1903 (Cth) in matters involving interpretation of the Constitution – Relevance of considerations of fragmentation of criminal proceedings.
Constitution, ss 51(ii), 51(xxxix), 109.
Australia Act 1986 (Cth), ss 2, 3, 7(2).
Crimes Act 1914 (Cth), ss 3E, 29D.
Judiciary Act 1903 (Cth), ss 38, 39.
Criminal Procedure Act 1986 (NSW), s 10.
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