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Chapter 40: Presumption against application to government and other Crown entities

Chapter 40: Presumption against application to government and other Crown entities

pp. 622-635

Authors

, La Trobe University, Victoria, , University of Western Australia, Perth,
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Summary

[40.1] There is a common law presumption that general words in a statute do not apply to the Crown in any capacity. The term ‘the Crown’ has a broad meaning for this purpose. It covers executive governments, government agencies and staff as well as the Sovereign and the Sovereign’s direct representatives in Australia.

Keywords

  • Presumption against application to government and other Crown entities
  • the Crown
  • government bodies
  • enacting jurisdiction
  • Bropho
  • Crown immunity
  • statutory construction

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