Catchwords:

Statutes – Interpretation – Efficacy of regulations – Where s 83GD(1) of Criminal Law Consolidation Act 1935 (SA) (“1935 Act”) established offence for participant in criminal organisation to enter or attempt to enter “prescribed place” – Where “prescribed place” meant place declared by regulation – Where s 370 of 1935 Act empowered Governor in Council to make regulations – Where Criminal Law Consolidation (Criminal Organisations) Regulations 2015 (SA) (“2015 Regulations”) declared list of places to be “prescribed places” – Where Governor made two Regulations (“Cowirra Regulations”) purporting to vary 2015 Regulations to include blocks of land at Cowirra, South Australia (“Cowirra land”) – Where appellants owners and occupiers of Cowirra land – Where, if Cowirra Regulations valid, second and third appellants would commit criminal offence if they entered Cowirra land – Where Cowirra Regulations did not in terms “declare” Cowirra land to be “prescribed places” – Whether Cowirra Regulations valid exercise of regulation-making power in s 370 of 1935 Act.

Statutes – Interpretation – Presumption of duty to afford procedural fairness – Whether power to make regulations prescribing places under 1935 Act conditioned by duty to afford procedural fairness to owners and occupiers of land – Whether presumption displaced by statute.

Words and phrases – “declaration power”, “displace”, “duty”, “Governor in Council”, “owners and occupiers”, “participant in a criminal organisation”, “prescribed place”, “presumption”, “procedural fairness”, “regulation-making power”, “statutory interpretation”.