Presumption that Crown is not bound by statute?

By
Sergio Zanotti Stagliorio
-

High Court. Is there common law presumptions in Australia that "the Crown is not bound by statute unless a contrary intention can be discerned from all the relevant circumstances" and that a statute does not impose criminal liability on the Crown?

Some of the questions to the High Court (HCA) were as follows:

Question 1: Is there a common law presumption in Australia that "the Crown is not bound by statute unless a contrary intention can be discerned from all the relevant circumstances"?

Question 2: Is there a common law presumption in Australia that a statute does not impose criminal liability on the Crown?

The HCA answered those questions as follows:

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