‘an absurd and unwarranted degree of precision’
Richardson says that even if unforeseen is not taken to be a jurisdictional Act, the Commonwealth’s interpretation puts “an absurd and unwarranted degree of precision” on the meaning of the word “unforeseen” so as to make section 10 of the Appropriations Act unreasonably broad.
Richardson:
What the government says is what must have been unforeseen is that cabinet would make a decision on 7 August 2017 that the ABS should conduct a voluntary postal plebiscite.
She criticises the Commonwealth’s focus in its defence on the involvement of the ABS, which on the agreed facts is the only element of the policy not considered prior to the closing off of the Appropriations Bill no.1 and no.2.
The ABS and other government-run institutions are considered to be part of government, she says; they have “no distinct legal personality” so the involvement of the ABS or otherwise is not a material change.
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