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Federal Court Judgments

Federal Court Judgments

By Dan Star SC

Courts Judgment Practice & Procedure 


Administrative law. Whether s33 of the Acts Interpretation Act 1901 (Cth) authorised revocation of administrative decision – whether the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) evinced a contrary intention preventing revocation of a decision. Minister for Indigenous Affairs v MJD Foundation Limited [2017] FCAFC 37 (3 March 2017) concerned the interaction between s33 of the Acts Interpretation Act 1901 (Cth) (the Acts Interpretation Act) and s64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (the Land Rights Act). Section 33(1) of the Acts Interpretation Act provides that: “Where an Act confers a power or function or imposes a duty, then the power may be exercised and the function or duty must be performed from time to time as occasion requires”.

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