High Court of Australia
ov Wacen (10) peer aaretiy a oT eee Gey i Z _ "Minsieri" WAR 86 CNS (Kn ea Ging epider } 94 HIGH COURT (1947.
[HIGH COURT OF AUSTRALIA.]
LITTLE _ : PLaIntirF ;
AND
THE COMMONWEALTH DEFENDANT.
H.C. or A. Defence—National Security—False imprisonment—Arrest and detention—Restriction
1947. Se BrisBaNe,
June 24, 25,
order—Release—Detention order—Validity of orders—Kailure to specify areas— Delegation of powers by Minister—Recitals in orders—Whether opinion of Minister examinable—Liability for arrest and detention in respect of contra- vention of invalid order—Mistake—Bona fides—Protection—National Security
Mernourne, Act 1939-1940 (No. 15 of 1939—No. 44 of 1940) ss. 13*, 17—National Security July VW. (General) Regulations (S.R. 1939, No. 87-1942, No. 405) regs. 25, 26, 90. Bites: (1) Reg. 26 (1) (c) of the National Security (General) Regulations provided
that the Minister might, if satisfied with respect to any particular person that with a view to prevent that person acting in any manner prejudicial to the public safety or the defence of the Commonwealth it is necessary so to do, make an order directing that he be detained. An order for detention of the plaintiff was made reciting that the Minister was satisfied with respect to him of the matters stated in the regulation. 'The plaintiff attacked the validity of the order on the grounds (i) that the Minister was not in fact satisfied of
*The National Security Act 1939- 1940 provides by s. 13:—" (1) Any person who is found committing an offence against this Act, or who is suspected of having committed, or of being about to commit, such an offence, may be arrested without warrant by any constable or Commonwealth officer acting in the course of his duty as such, or by any person thereto authorized by the Minister. (2) If a person sus- pected of having committed, or of being about to commit, an offence against this Act, is arrested under the provisions of this section, a report of the fact and circumstances shall forth- with be made to the Attorney-General or to a person appointed in that behalf by the Attorney-General, and—
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