A Minister and reporter exercising powers under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) do not owe a common law duty of care to persons likely to suffer economic loss from the making of a declaration, as the functions are quasi-legislative in nature. Reports prepared by consultants for incorporation into representations to a Minister exercising statutory powers are not conduct 'in trade or commerce' for the purposes of s 52 of the Trade Practices Act. The sterilisation of contractual rights by a heritage protection declaration does not constitute an acquisition of property under s 51(xxxi) where no identifiable advantage is conferred on the Commonwealth. Where an invalid administrative decision is set aside but the underlying statutory regime would have caused the same uncertainty and loss regardless, causation is not established.
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