Silk Bros Pty Ltd v State Electricity Commission of Victoria [1943] HCA 2

Foll Vv Foll le renerry rglah & Walsh 4 Bradley Ree Ke 12 ALD ean R33 REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

(HIGH COURT OF AUSTRALIA.]

SILK BROS. PROPRIETARY LIMITED . Fs PLAINTIFF ;

AND

STATE ELECTRICITY COMMISSION OF Dee VICTORIA : :

ON REMOVAL FROM THE SUPREME COURT OF VICTORIA.

Federal Judiciary—Iudicial power—Landlord and tenant—Applications for recovery 44 ¢,

or A. of possession—Fair Rents Boards— Whether Federal courts—Tenure of members—

1943. Whether investing of State courts with Federal jurisdiction—Boards consisting <5

of State magistrates—The Constitution (63 & 64 Vict. c. 12), secs. 71, 72— Mutnourne, National Security (Landlord and Tenant) Regulations (S.R. 1941 No. 275— March 15-17. 1943 No. 12), regs. 15, 16—National Security (Fair Rents) Regulations (S.R. 1941 Nos. 62 and 71), reg. 7.

Sypney,

April 8. Constitutional Law—Defence—National secwrity—Landlord and Tenant Regulations— —

Severability—Validity—The Constitution (63 & 64 Vict. c. 12), sec. 51 (vi.)\— National Security (Landlord and Tenant) Regulations (S.R, 1941 No. 275— pie 1943 No. 12).

Regs. 15* and 16+ of the National Security (Landlord and Tenant) Regulations, purporting to vest in Fair Rents Boards power to determine applications by

landlords for the recovery of premises and providing for the enforcement of the Board's orders, are invalid inasmuch as their effect would be to confer

* Statutory Rules 1941 No. 275, reg. 15, as amended by Statutory Rules 1941 No. 286, reg. 2; 1941 No. 321; 1942 No. 112, reg. 2; 1942 No. 456, reg. 5; and 1943 No. 12, reg. 7.

{Statutory Rules 1941 No. 275, reg. 16, as amended by Statutory Rules 1941 No. 286, reg. 3

2 HIGH COURT [1943.

judicial power contrary to secs. 71 and 72 of the Constitution. The Boards are not Federal courts because their members have not the tenure required by the Constitution. The conferring of powers upon Boards to consist of a police, stipendiary or special magistrate, with or without other persons, is