Grieve v Lewis [1917] HCA 48

OF AUSTRALIA. 413

{HIGH COURT OF AUSTRALIA.]

le - 4 bi e . APPELLANT;

AND

; - , : : . ResponpDENt.

ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.

-Regulations—Proof of regulations—Regulations treated as being H. C. or A. i Mi otce "0 ciietruction-"Dissuading person from continuing to be engaged 1917. in despatch of shipping—Rules Publication Act 1903-1916 (No. 18 of 1903— = ——~ No. 16 of 1916), sec. 6—War Precautions Act 1914-1916 (No. 10 of 1914—No. Mrzuovrse, "* Sof le 6—War Precautions Regulations 1915, reg. 40 (Statutory Rules Sept. 18.

Barton, Isaacs and

On the hearing before a Police Magistrate of an information for an offence Gavan Duffy JJ. against a statutory regulation made under the authority of the War Precau-

Act, a printed paper, purporting to be a copy of the statutory rule con-

n the regulation and to be printed by the Government Printer as

jnired by sec. 6 of the Rules Publication Act 1903-1916, was produced and

was dealt with by the parties as being part of the material before the Court,

but was not formally put in or marked as an exhibit.

iy person who, by word, deed, or otherwise—(a) interferes with, impedes, ents or hinders the discharge, loading, coaling or despatch of shipping, performance of any industrial operation connected therewith or incidental to, or (b) interferes with or impedes any person or body of persons engaged -dissuades, prevents or hinders any person or body of persons from or continuing to be, engaged in, the discharge, loading, coaling or

H. C. or A.

1917,

GRIEVE

Lewis.

HIGH COURT

the production, manufacture, or transport of munitions or warlike mat or material for munitions, including foodstuffs, fuel, and base meta minerals, shall be guilty of an offence."

Held, that the words " any such industrial operation" in clause (b)

to the " industrial operation " mentioned in clause (a).