Smith v Brooks

[1988] TASSC 43

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Criminal Law
2. › Summary jurisdiction
3. › Magistrates
4. › Power to amend orders
5. › Penalties contrary to law
6. › Penalties imposed under ultra vires regulations
7. › Whether penalties 'contrary to the law'
8. › Justices Act 1959 (Tas), s 76A(1)(a)
1. Administrative Law
2. › Subordinate legislation
3. › Ultra vires regulations
4. › Presumption of validity
5. › Effect of invalidity
6. › Whether void ab initio or temporarily valid
7. › Whether penalties imposed under void regulations are 'contrary to the law'
1. Statutory Interpretation
2. › Construction of statutory power
3. › Whether corrective power subject to implied temporal limitation
4. › Whether policy limitations on appellate discretion apply to distinct statutory power
5. › Justices Act 1959 (Tas), s 76A

Quick Take

Penalties imposed by a magistrate under regulations that are ultra vires are 'contrary to the law' within s 76A(1)(a) of the Justices Act 1959 (Tas), regardless of when the invalidity was discovered. The corrective power under s 76A is a distinct statutory power not subject to the policy limitations applicable to extensions of time for appeal, and contains no implied temporal limitation. The presumption of validity of subordinate legislation does not confer temporary validity on void regulations; it is merely a presumption of regularity that operates until challenged.