Jenkins v Commonwealth [1947] HCA 41

HIGH COURT [1947.

{HIGH COURT OF AUSTRALIA.]

JENKINS AND OTHERS . : s . . PLarntirrs ;

AND.

THE COMMONWEALTH AND ANOTHER . DEFENDANTS,

H.C. or A, Constitutional law (Cth.)—Defence—National Secwrity—Minerals—Regulations—

1947. MELBOURNE, Oct, 29.

Williams J,

Validity —Mica—Compulsory acquisition— Just compensation not provided for— Regulations amended in 1947—Just compensation provided for—Validity of amending regulations —Acts Interpretation Act 1901-1941 (No. 2 of 1901—No, 7 of 1941), s. 46 (b)—Defence (Transitional Provisions) Act, 1946 (No. 77 of 1946), 8. 6 (2)—National Security (Minerals) Regulations (S.R. 1942 No. 109—~ 1947 No. 97.)

'The National Security (Minerals) Regulations, which were gazetted on 9th March 1942, provided by reg. 6 (1) that the Controller appointed under the regulations should have power " on behalf of the Commonwealth, to operate, control, and direct the production and supply of minerals and for that purpose to take such measures, make such orders, give such directions and do such things as he thinks necessary or expedient." Regulation 6 (2) conferred on the Controller "without limiting the generality of the last preceding sub- regulation " certain specific powers relating to the acquisition of land and plant for the production of minerals. By Statutory Rules 1947 No. 97 the following additional powers were conferred on the Controller ; (aa) compulsorily to acquire any minerals and (ab) by order to direct the supply and delivery to the Common- wealth of minerals; and provision was also made for the payment by the Commonwealth of just compensation in the event of the exercise of such additional powers. The National Security (Minerals) Regulations were con- tinued in force until 31st December 1947 by the Defence (Transitional Provisions) Act 1946.

Orders pursuant to the above regulations, as amended, and signed by the Controller were served on the plaintiffs between 30th July and 4th August 1947 directing them to deliver to the Commonwealth all mica which was then in their control. In an action by the plaintiffs challenging the validity of the orders :—