Bird v Colonial Spark Plugs Pty Ltd [1942] HCA 11

66 C.L.R.] OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.]

TRIURID) z 'i ' é ' 4 . APPLICANT ; INFORMANT,

AND

COLONIAL SPARK PLUGS PROPRIETARY R LIMITED _ 7 RusponDENT.

DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

National Security—Offence—Summary prosecution—Consent—A ttorney-General— Solicitor-General—Delegation of power—National Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), sec. 10 (4)—Solicitor-General Act 1916 (No. 28 of 1916), secs. 2 (2), 3 (1). :

A delegation under the Solicitor-General Act 1916 of the Attorney-General's powers under sec. 10 (4) of the National Security Act 1939-1940 empowers the Solicitor-General to authorize another person to consent to the summary prosecution of offences against the last-mentioned Act.

AppricaTIon for special leave to appeal from the Supreme Court of Victoria.

Two informations were laid by Henry Scorer Bird against Colonial Spark Plugs Pty. Ltd. charging it with contraventions of reg. 19 (3a) of the National Security (Supplementary) Regulations in. that it closed its premises on part of certain days when the regula- tions required that they should not be closed.

These prosecutions were consented to in writing by Francis Felix Clausen, Deputy Crown Solicitor for the State of Victoria, in pursuance of an authority in writing given by the Solicitor-General to consent to such prosecutions, the Attorney-General having, by virtue of sec. 2 (2) of the Solicitor-General Act 1916, delegated to the Solicitor-General the powers conferred upon him by sec. 10 (4) of the National Security Act 1939-1940.

H. ©. or A.

1942. —

MELBOURNE, June 1, 5.

Rich, Starke and MeTiernan JJ.

H. C. or A. 1942, ben and Birp

v. COLONIAL, SPARK PLuas POY oun;

June 5.

HIGH COURT (1942,

The company was convicted and fined in respect of each informa- tion.

Orders nisi to review the decisions of the magistrate were obtained by the company from the Supreme Court of Victoria. Upon the return of the orders nisi Lowe J. made them absolute, quashed the convictions and set aside the informations on the ground that the prosecutions were not authorized by sub-sec. 4 of sec. 10 of the National Security Act 1939-1940. His Honour held that it was unnecessary to consider the provisions of the Solicitor-General Act 1916, especially sec. 3 thereof.