Disorganized Developments Pty Ltd v South Australia

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, STEWARD, GLEESON AND JAGOT JJDISORGANIZED DEVELOPMENTS PTY LTD & ORS  APPELLANTSANDSTATE OF SOUTH AUSTRALIA  RESPONDENTDisorganized Developments Pty Ltd v South Australia[2023] HCA 22Date of Hearing: 10 March 2023Date of Judgment: 2 August 2023A22/2022ORDER1. Appeal allowed with costs. 2. Set aside the orders of the Court of Appeal of the Supreme Court of South Australia made on 16 February 2022 and, in their place, order that: (a)It is declared that the Criminal Law Consolidation (Criminal Organisations) (Prescribed Place—Cowirra) Variation Regulations 2020 (SA) and the Criminal Law Consolidation (Criminal Organisations) (Prescribed Place—Cowirra) (No 2) Variation Regulations 2020 (SA) are invalid.(b)The respondent pay the appellants' costs.On appeal from the Supreme Court of South AustraliaRepresentationW J N Wells KC and C Jacobi KC for the appellants (instructed by Jon Lister Barrister & Solicitor)M J Wait SC, Solicitor-General for the State of South Australia, with C M Nolan for the respondent (instructed by Crown Solicitor for South Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDisorganized Developments Pty Ltd v South AustraliaStatutes – Interpretation – Efficacy of regulations – Where s 83GD(1) of Criminal Law Consolidation Act 1935 (SA) ("1935 Act") established offence for participant in criminal organisation to enter or attempt to enter "prescribed place" – Where "prescribed place" meant place declared by regulation – Where s 370 of 1935 Act empowered Governor in Council to make regulations – Where Criminal Law Consolidation (Criminal Organisations) Regulations...