Pavic v Magistrates' Court of Victoria & Chief Commissioner of Police [2003] VSC 99

Supreme Court of Victoria|2003-04-04|Before: NETTLE J

For the reasons given, there should be an order in the nature of certiorari and the Second Defendant should pay the Plaintiff's costs of the proceeding.

[1] "Forensic sample offences" are defined in Schedule 8. They include murder, manslaughter, rape and a number of other serious offences.

[4] Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 at p. 598

[5] Twist v Randwick Municipal Council ([1976] HCA 58; 1976) 136 CLR 106 at pp. 109 - 110

[6] Commissioner of Police v Tanos (1958) 98 CLR 388 at pp. 395 - 396

[7] Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation [1963] HCA 41; (1963) 113 CLR 475 at pp. 503 - 504

[8] Kioa v West [1985] HCA 81; (1985) 159 CLR 550 at p. 619

[9] Heatley v Tasmanian Racing and Gaming Commission [1977] HCA 39; (1977) 137 CLR 487 at p. 491

[10] Barratt v Howard [2000] FCA 190; (2000) 96 FCR 428 at p. 444 [49]

[11] Heatley v Tasmanian Racing and Gaming Commission, ibid

[21] His Honour noted that this was said in the Second Reading Speech to be assisting the early detection of crime and providing a significant deterrent to the commission of future offences.

[24] Anthony Horden and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia [1932] HCA 9; (1932) 47 CLR 1 at p. 7; R v Wallis; Ex parte Employers Association of Wool Selling Brokers [1949] HCA 30; (1949) 78 CLR 529 at p. 550; cf. Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 at p. 575

[27] cf Heatley v Tasmanian Racing and Gaming Commission, supra at 507

[31] Indeed it may be wondered what the purpose of that power is if it is not intended that the subject has the right to be heard.

[32] Tanos supra at pp. 395 -6; Heatley v Tasmanian Racing and Gaming Commission supra at p. 513 - 515

[33] cf. Annetts v McCann supra at p. 598.8

[34] See also State Bank (NSW) v Commonwealth Savings Bank [1984] HCA 41; (1984) 154 CLR 579 at p. 583.

[35] R v Abebe [1999] VSC 214 at [24]

[38] Parliament amended the Act to overcome another part of the decision but nothing as to the right to be heard. See: Crimes Act 1958, s. 464ZL

[39] Grain Elevators Board v Dunmuckle Corp [1946] HCA 13; (1946) 73 CLR 70 at p. 85

[40] Deputy Federal Commissioner of Taxation (SA) v Elder's Trustee and Executor Co Ltd (1937) 57 CLR 619 at pp. 625-6; Pearce & Geddes, Statutory Interpretation 5th Ed at [3.32]

[42] Hansford v Judge Neesham (1994) 7 VAR 172 at pp. 179 - 180; aff'd on appeal at [1995] VICSC 58; [1995] 2 VR 233, although not expressly on this point.

[43] Lednar, supra at [439] - [446]

[44] cf Perkins v County Court of Victoria [2000] VSCA 171; (2000) 2 VR 246 at pp. 273 - 274, [64] - [69]

[46] Barton v The Queen [1980] HCA 48; (1980) 147 CLR 75 at pp. 96, 107 and 116; Jago v District Court (NSW) [1989] HCA 46; (1989) 168 CLR 23 at pp. 25 - 26; Regina v RWO [2002] NSWCCA 133 at [62] - [68]

[47] Craig v South Australia supra at p. 174

[48] O'Reilly v Mackman [1983] UKHL 1; [1983] 2 AC 237 at p. 276

[49] cf The Commissioner of Police v Tanos supra at p. 397

[51] Medical Council v Spackman [1943] AC 627 at p. 644; Heatley v Tasmanian Gaming and Racing Commission, supra at p. 497

[52] Heatley v Tasmanian Gaming and Racing Commission supra at p. 516; Ainsworth v Criminal Justice Commission supra, at p. 580

[53] The Queen v Federal Court of Australia; Ex Parte W.A. National Football League [1979] HCA 6; (1979) 143 CLR 190 at p. 231

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