A person facing a real and credible threat of prosecution under s.377A Penal Code has standing to challenge its constitutionality on the basis of a violation of constitutional rights.
public-law
The Maritime Powers Act 2013 authorised detention and return of asylum seekers at sea; executive power extends to removal of non-citizens from Australian waters.
A reasonable apprehension of bias arises where a council officer who lodged a complaint against a dog owner also participated in the decision to order destruction of the dog.
Ministerial power to detain and remove non-citizens under the Migration Act must be exercised in accordance with the Act; adverse ASIO security assessments do not compel indefinite detention.
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