R v Sweeney; Ex parte Northwest Exports Pty Ltd [1981] HCA 22

High Court of Australia Gibbs C.J. Stephen, Mason, Murphy and Aickin JJ. R v Sweeney; Ex parte Northwest Exports Pty Ltd [1981] HCA 22

ORDER Order nisi discharged.

Cur. adv. vult.

The following written judgments were delivered:—

1981, May 14 Gibbs C.J.

Before the Court is the return of an order nisi for a writ of prohibition directed to a judge of the Federal Court and to the Director of the Industrial Relations Bureau prohibiting them from proceeding further with the hearing of three informations laid by the Director which allege that the prosecutor, Northwest Exports Pty Ltd, has been guilty of breaches of s. 144A of the Conciliation and Arbitration Act 1904 Cth as amended ("the Act"). The ground on which the writ is sought is that s. 144A is invalid. It should be said immediately that even if this ground were made out it would not follow that prohibition should be granted, since it would appear to be within the jurisdiction of the Federal Court to hear and determine the informations whether or not the section under which they have been laid is valid; of course, if the section were invalid the proper exercise of jurisdiction would be to dismiss the informations. However, as will appear, it is unnecessary to decide the application on this ground.

Section 144A of the Act provides as follows:

(1) Where a person, upon application made to the Registrar in the prescribed form and manner, and payment of the prescribed fee, satisfies the Registrar that the person's conscientious beliefs do not allow the person to be a member of any association of a kind described in a paragraph of sub-section (1) of section 132, the Registrar shall issue to the person a certificate to that effect.

(2) In sub-section (1)—

"conscientious beliefs" means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion;