Specific powers

Whitebull HTL Pty Ltd v ILGA [2023] NSWSC 588

Specific powers in a statute exclude access to more general ones15.  ILGA purported to exercise general powers under one statute to limit gaming machine numbers.  Whitebull challenged this, arguing that a second statute set out exclusively, and more precisely, how numbers were to be regulated.

McNaughton J surveyed the authorities (at [123-134]) and agreed (at [153]) with Whitebull.  The judge noted that the second statute ‘provides a predictable, certain and transparent way of keeping, transferring and leasing gaming machines’.  iTip – This case is an example of the general principle applying to powers found in different statutes.

This principle is from Episode 98 of interpretation NOW!

Footnotes:

15 Anthony Hordern (1932) 47 CLR 1 (at 7), Pearce 9th Edition (at [4.47]).