Burridge v Chief Magistrate [2018] ACTCA 43
An issue in this speeding case was under what provision a delegation of infringement notice functions should be made. The driver said that, as it was done under a general power and not the specific one8, it was invalid – generalia specialibus9.
The majority agreed, noting (at [60]) that ‘specific powers are needed for the exercise of the functions … going beyond the general power of delegation …’ Issues like this one need always to be resolved via purposive principles; in particular, s 15AA10 and hierarchy comments in Project Blue Sky11. Burridge illustrates this wider frame of reference and that generalia specialibus is not applied mechanically.
This case is from Episode 42 of interpretationNOW!
Footnotes:
8 ss 18 & 54 of the Road Transport (General) Act 1999 (ACT) respectively.
9 Pearce & Geddes (at [4.40]), Episode 14.
10 s 15AA of the Acts Interpretation Act 1901.