Banerjee v Commissioner of Police [2018] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Banerjee v Commissioner of Police [2018] NSWCA 283 Hearing dates: 16 October 2018 Decision date: 22 November 2018 Before: Bathurst CJ, Beazley P, Basten JA Decision: 1. The question referred by Sackar J should be answered as follows:

Q. Whether clause 13(3) of the Security Industry Regulation 2016 (NSW), in its operation pursuant to sections 15(4) and 26(1A) of the Security Industry Act 1997 (NSW), is inconsistent with the provisions of Part 5.3A of the Corporations Act 2001 (Cth) and therefore invalid or inoperative to the extent of any inconsistency by reason of s 109 of the Commonwealth Constitution.

A. There is no inconsistency; the relevant provisions of the Security Industry Act and the Regulation are not invalid pursuant to s 109 of the Constitution.

2. Remit the proceedings to the Equity Division.

3. Order that the applicants pay the Commissioner's costs in this Court. Catchwords: CONSTITUTIONAL LAW – inconsistency – Constitution, s 109 – circumstances in which operation of State law will be inconsistent with Commonwealth law – where provisions of Security Industry Act 1997 (NSW) and Security Industry Regulation 2016 (NSW), cl 13(3) mandated revocation of company's security licence upon entering voluntary administration – State laws prevented company entering voluntary administration from carrying on primary business – whether operation of State laws inconsistent with Corporations Act 2001 (Cth), Pt 5.3A – whether State laws invalid to extent of inconsistency

CORPORATIONS – voluntary administration – power of administrators to carry on business – security industry licence revoked under State law – whether State law valid – Corporations Act 2001 (Cth), Pt 5.3A