John Holland Pty Ltd v Victorian Workcover Authority

HIGH COURT OF AUSTRALIAFRENCH CJGUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJJOHN HOLLAND PTY LTD (ACN 004 282 268)  PLAINTIFFANDVICTORIAN WORKCOVER AUTHORITY  DEFENDANTJohn Holland Pty Ltd v Victorian Workcover Authority[2009] HCA 4513 October 2009M16/2009ORDEROrder that the questions reserved in the amended stated case dated 29 September 2009 be answered as follows:Question 1:       While the Plaintiff remains a "non-Commonwealth licensee" for the purposes of the [Occupational Health and Safety Act 1991 (Cth) ("the Federal OHS Act")], is the Plaintiff liable to conviction for offences against s 21 and s 23 of the [Occupational Health and Safety Act 2004 (Vic) ("the State OHS Act")] committed before the Plaintiff became a "non-Commonwealth licensee"?Answer:             Yes.Question 2: If the answer to question 1 is "yes", while the Plaintiff remains a "non-Commonwealth licensee" for the purposes of the Federal OHS Act, are any (and if so which) of ss 7, 8 and/or 130 of the State OHS Act invalid within s 109 of the Commonwealth Constitution to the extent that any of those provisions purports to empower the Defendant to authorise an inspector to bring proceedings against the Plaintiff for offences against s 21 and s 23 of the State OHS Act allegedly committed before the Plaintiff became a "non-Commonwealth licensee"?Answer:             No.Question 3:      If the answer to question 2 is "yes", is the consequence that:(a)the Inspector could not procure the issuing, on or about 24 September 2008, of a charge and summons against the Plaintiff alleging the commission of offences against s 21 and s 23...