High Court of Australia
High Court of Australia Mason C.J. Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ. Davis v Commonwealth [1988] HCA 63
ORDER Demurrer allowed except in so far as it asserts:
(1) that the plaintiffs lack standing to challenge ss. 22 and 23 of the Australian Bicentennial Authority Act 1980 Cth ("the Act"); and
(2) that s. 22(6)(d)(i) of the Act is valid to the extent that it relates to the expression "200 years".
Declare that s. 22(6)(d)(i) of the Act is invalid to the extent that it refers to the expression 200 years. Order that the defendants pay the plaintiffs' costs of the action.
Cur. adv. vult.
The following written judgments were delivered: —
Dec. 6 Mason C.J., Deane and Gaudron JJ.
The defendants' demurrer to the plaintiffs' amended statement of claim raises for determination questions as to the validity of the Australian Bicentennial Authority Act 1980 Cth ("the Act"). The Act is a law relating to the Australian Bicentennial Authority ("the Authority") which is a company limited by guarantee, registered under that name under the Companies Ordinance 1962 ACT. The plaintiffs' challenge to the validity of the Act centres on ss. 22 and 23 of the Act. The plaintiffs do not seek a declaration of invalidity of the other provisions of the Act unless they succeed in their attack on the validity of ss. 22 and 23.
The Act itself does not state the object and functions of the Authority. However, cl. 3 of the memorandum of association of the Authority, which is set out in par. 20 of the amended statement of claim, provides:
The primary object for which the Authority is established is to formulate, to plan, to develop, to promote, to co-ordinate and to implement, consistently with applicable legislation of the Parliament of the Commonwealth, a national programme of celebrations and activities ("the programme") to commemorate the bicentenary in 1988 of the first European settlement in Australia and to that end, but without limiting the generality thereof, the Authority shall have the following associated objects —
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