Grace Brothers Pty Ltd v Commonwealth [1946] HCA 11

73.942, 20/,

OF AUSTRALIA. 269

{HIGH COURT OF AUSTRALIA.) CE BROTHERS PROPRIETARY LIMITED Prarntirr ;

ao Pi. Ahk Samrased TCR, 3TF Refrr'd To. 8S 0.2 R. S68

ENE ES AND ANOTHER ~~. Derenpants. 8 rey dee

tutional Law (Cth.)—Acquisition of property—" Just terms" —Statute— 0, ov A, - Falidity—Compulsory acquisition of land—Compensation—Valuation—Principal 1946, and interest —Defence—National Security—Notification of acquisition of land—

" Purpose therein expressed" —" Purposes of the Commonwealth" —Regulation MELBOURNE, inconsistent with Commonwealth statute—Validity—The Constitution (63 & 64 Feb. 28, Viet. c. 12), s. 51 (vi.), (vxxi.)—Lands Acquisition Act 1906-1936 (No. 13 of March 13 -1906—No. 60 of 1936), ss. 15, 28, 29, 40—National Security Act 1939-1943

Sypwey, (Wo, 15 of 1939—No. 38 of 1943), ss, 5, 18—National Security (Supplementary) anyit 17, egulations ($.R. 1940 No. 126—1944 No. 74), reg. 72a. Latham ©.J.,

The Lands Acquisition Act 1906-1936 is not invalid because of the provisions Starke, Dixon, 'of ss. 28, 29, 40, thereof (which are within the power of the Commonwealth 'chieman and ent under s. 51 (xxxi.) of the Constitution to legislate with respect to "the acquisition of property on just terms . . . for any purpose in respect which the Parliament has power to make laws") or because it does not

priate moneys to pay compensation assessed under the Act. % s

"par. (a) (and, , par. (b) ) of sub-s, (1) of 8. 29 was invalid but was severable.

___ It was provided by s. 15 of the Lands Acquisition Act 1906-1936 :—" (1) The Governor-General may direct that any land may be acquired by the Common- wealth from the owner by compulsory process. (2) The Governor-General 'may thereupon, by notification published in the Gazette, declare that the land been acquired under this Act for the public purpose therein expressed." tion 724 of the National Security (Supplementary) Regulations provided : "Notwithstanding anything contained in section 15 of the Lands Acquisition Act 1906-1936, the public purpose for which any land has been acquired shall deemed to be expressed sufficiently if the notification declares that the land been acquired under that Act for the purposes of the Commonwealth."