Esmonds Motors Pty. Limited v. The Commonwealth of Australia and Another1
| Date | 01 June 1971 |
| Author | J. D. McMillan |
| DOI | 10.1177/0067205X7100400208 |
| Published date | 01 June 1971 |
| Subject Matter | Case Notes |
CASE NOTES
ESMONDS MOTORS PTY.
LIMITED
v.
THE
COMM:ON\v13ALTH
OF
AUSTRALIA
Ai'JD
ANOTHERl
City
Area
Leases
(A.C.T.)
:-
Validity
of
regulation appointing
Minister to
be
prescribed authority -Who may be appointed prescribed
authority -Minister's power
of
delegation· under Ordinance.
Constitutional
Law
-Governor-General's power to
make
Ordip..aru:es
-Validity
of
Ordinance conferring power
to
makeregulatiop.s.
The
appellant was the lessee of certain land ·which it .held
by
virtue
of
aCrown lease granted under the provisions of
the
City
Area
Leases
Ordinance 1936-1967
(the
Ordinance).
The
Ordinance, made by the
Governor-General pursuant to the authority in section
12(1)
of
the
Seat of Government (Administration)
Act
1910-1965 to make Ordin-
ances having the force of
law
in the Australian Capital Territory, pro-
vided in section 25
(1)
that:
The
unimproved. value of land included in alease shall
be
re
..
appraised by the prescribed authority during the t\ventieth year
of
the term of the lease
and
during each twentieth year thereafter.
Section 3
(2)
%of the Ordinance contained the formula
for
ascertain
..
· .
ing the unimproved value of the land;
the
rent
payable ,vas
to
be
at
the
rate .of five
per
cent
per
annum
of
the amount notified as the
unimproved value.
The
Minister of .State for the Interior, as the "Minister administering
.the Ordinance, was authorised by section
38
to make regulations, not
inconsistent with
the'
Ordinance, prescribing all matters which were
required or permitted to
be
prescribed,
or
which were necessary
or
convenient to be prescribed, for carrying
out
or
giving effect to the
Ordinance. Pursuant to this power, he made regulation 9(
1)
of the
City Area Leases Regulations appointing "the Minister", that is
to
say
the Minister for the time being administering the Ordinance, as the
prescribed authority for the purpose of section 25(1).
1
(1970)
44 A.L.J.R. 211.
High
Court
of
Australia.
2S. 3
(2
)provided:
For
the
purposes
of
this Ordinance, the unimproved value
of
aparcel
of
land
leased
or
to
be leased
under
this Ordinance is
the
capital
sum
\vhich
the
lease, subject
to
the
terms
and
conditions upon which it is held
or
is
to
be
held, might be expected
to
realise if offered for sale
on
reasonable terms,
assuming
that
the improvements (if any)
on
the land
had
not been
made
and
that
the .lease
had
an unexpired term
of
ninety-nine years
at
the time
of
the sale,
and
leaving
out
of
consideration any rent payable in respect
of
the
lease
other
than·
prospective increments
or
decrements·
or
rent
after
re-
appraisement.
343
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