-> G @ https://d3cgwrxphzOfqu.cloudfront.net/ea/29/ea291af50b2243bd264fee068026743a3c997822?response-content-disposition=inlin... & to . . . 8 of 10 Q + |D A V V v Q A TUTORIAL FIVE - Chapter III As construction of the Victorian Desalination Plant ('the Plant") nears completion, the Victorian Parliament, concerned about risks posed by environmental 'terrorist' groups to the supply of water from the Plant to Melbourne, passes the Desalination Project Protection Act 2017 (Vic) ("the Act"). Part 1 of the Act concerns the identification of 'declared organisations'. Under s 1, the Attorney- General can declare magistrates of the Magistrate's Court of Victoria, with their prior consent, to be eligible judges'. Under s 2, the Commissioner of Police can apply to an eligible judge for a declaration in relation to an organisation. Under s 3, the eligible judge may make a declaration if satisfied that "the organisation represents a risk to the water supply of the State.' In deciding whether or not to make a declaration, the eligible judge is able to take account of a wide range of matters, and is not constrained by ordinary rules of evidence. Section 4 states that all proceedings in relation to ss 2 and 3 are to be held ex parte, and that the eligible judge is not required to give reasons for his or her decision. Part 2 of the Act concerns the making of control orders in respect of members of declared organisations. Under s 6, the Supreme Court of Victoria, upon application of the Commissioner of Police, must make a control order against a person ('the controlee') if the Supreme Court of Victoria is satisfied that the controlee is a member of a declared organisation. Under s 7, as a minimum, the Supreme Court of Victoria must prohibit a controlee from associating with other persons who are members of declared organisation. "Stop Desalination Now!' ('SDN') is a non-governmental organisation created to raise awareness of the environmental issues around the Plant. It has vowed to continue its political battle against the Plant and to disrupt its operations. The SDN now fears that it will be a declared organisation, and its members fear they will be subject to control orders. 1. The SDN and its members seek your advice on the likely constitutionality of the Act. 2. Would it make a difference if the power to issue control orders was vested in the Minister for Water? The Commonwealth Minister for Natural Resources is also concerned about the activities of organisations which are opposed to desalination. The Minister establishes a special bureau within her department to investigate such organisations, and invites Justice Seal, a Federal Court judge, to lead the bureau. Justice Seal accepts the invitation. 3. After seeing the announcement of Justice Seal's appointment on the television news, the SDN seeks your advice as to whether or not it is constitutional. 4. Would it make a difference to your answer if Justice Seal's appointment was made under the following statutory provision? Commonwealth Investigatory Bureaus Act 2012 (Cth) 3 (1) A Minister of the Commonwealth who deems it necessary to establish a special investigatory bureau within his or her department may appoint any suitable person to head such a bureau. (2) A judge of a federal court may be appointed under sub-section (1) only if - (a) he or she personally consents to the appointment; (b) the Chief Justice of his or her court consents to the appointment. 1 16 C O w ENG 3:32 PM Cloudy US 13/10/2022