Australian Native Landscapes Pty Ltd v McDonald

[2013] NSWCA 395

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Delegated legislation
3. › Validity of regulations
4. › Savings and transitional provisions
5. › Whether regulation making power enabled conferral of jurisdiction on court to determine prosecutions under repealed Act
6. › Work Health and Safety Act 2011 (NSW), Sch 4
7. › Work Health and Safety Regulation 2011 (NSW), Sch 18B
1. Practice and Procedure
2. › Jurisdiction
3. › District Court
4. › Conferral of jurisdiction by regulation
5. › Whether regulations conferring jurisdiction to hear prosecutions under repealed legislation were ultra vires

Quick Take

Pt 2 of Sch 18B to the Work Health and Safety Regulation 2011 (NSW) is valid, and the District Court has jurisdiction to determine prosecutions for offences committed under the repealed Occupational Health and Safety Act 2000. The substantive reasoning is contained in the companion decision Empire Waste Pty Ltd v District Court of New South Wales [2013] NSWCA 394.