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The spelling "Gangalidda" was given by the appellant in his interview with police. [9] The Fauna Authority was defined by s 5 as the Minister for the time being administering the Fauna Act "and subject to the Minister" the Director of National Parks and Wildlife appointed under the 252 at 299. Bentham pointed out that "in common speech in the phrase 'the object of a man's property', the words 'the object of' are commonly left out; and by an ellipsis, which, violent as it is, is now become more familiar than the phrase at length, they have made that part of it which consists of the words 'a man's property' perform the office of the whole". What the law does is simply to prevent other men to a greater or less extent from interfering with my use or abuse." [68] cf (1996) 187 CLR 1 at 169.[2] Native Title Act, s 211(1)(a) and (3)(a) and (b). [72] Ben Ward & Ors on behalf of the Miriuwung and Gajerrong People; Walden & Ors; Northern Land Council; and the Cape York Land Council (Aboriginal Corporation).

Summary: The appellant was a member of the Gunnamulla clan of Gangalidda tribe from Gulf of Carpentaria and killed estuarine crocodiles by harpooning. See also [1998] HCA 58; (1998) 72 ALJR 1442 at 1466 per Kirby J; [1998] HCA 58;156 ALR 721 at 756-757.

He was charged under the Fauna Conservation Act 1974 (Qld) with taking fauna without holding a licence. [57] (1882), Oliver Wendell Holmes Jr said (at 215): "When we say that a man owns a thing, we affirm directly that he has the benefit of the consequences attached to a certain group of facts, and, by implication, that the facts are true of him.

The Court ultimately found that the appellant's right to hunt crocodiles in accordance with the Native Title Act 1993 (Cth) were not extinguished by the Fauna Conservation Act. The important thing to grasp is, that each of these legal compounds, possession, property, and contract, is to be analyzed into fact and right, antecedent and consequent, in like manner as every other." In a subsequent passage, he pointed out (at 220): "The law [of property] does not enable me to use or abuse this book which lies before me.

[1] The name of the tribe is sometimes spelled "Gungaletta". [6] (Q), s 78 (which further modified the exception by limiting its operation to Aboriginals not in employment on terms that included the provision of food by the employer). That is a physical power which I have without the aid of the law.

It is unnecessary to consider, for the purposes of construing s 7 of the Fauna Act as enacted in 1974, the effect, if any, of the subsequent decision of (Q), s 4(2)(a) and Sched.

[121] Section 108 states: "Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State."[122] See (Q) defined "the Crown" but merely in terms of the particular monarch at the time.[123] This provided: " Petitioner may sue as in ordinary cases . See also (1883) 8 App Cas 354 at 358 said that it is an "incontestable proposition of law, that 'where a penalty is created by statute, and nothing is said as to who may recover it, and it is not created for the benefit of a party grieved, and the offence is not against an individual, it belongs to the Crown, and the Crown alone can maintain a suit for it'".[73] Attorneys-General for the Commonwealth, South Australia, Western Australia and the Northern Territory.[74] (Q), which came into force on 19 December 1994.[77] Section 5 provided: "'take' includes - (a) in relation to fauna, hunt, shoot, kill, poison, net, snare, spear, trap, catch, pursue, disturb, stupefy, disable, pluck, injure, destroy or damage or attempt or permit any of those acts".[78] Section 5 provided: "'keep' includes have in possession or under control in any place, whether for the use of or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question".[79] [1998] HCA 58; (1998) 72 ALJR 1442 at 1452[1998] HCA 58; , 1454; 156 ALR 721 at 737, 739. [94] [1998] HCA 58; (1998) 72 ALJR 1442 at [1998] HCA 58; 1451-1454; 156 ALR 721 at 736-740.[95] [1846] Eng R 736; (1846) 9 QB 101 at 110-111 [115 ER 1213 at 1217], Lord Denman CJ said: "[w]hoever keeps an animal accustomed to attack and bite mankind, with knowledge that it is so accustomed, is prima facie liable in an action on the case at the suit of any person attacked and injured by the animal, without any averment of negligence or default in the securing or taking care of it"; [1858] Eng R 146; (1858) 1 F & F 92 [175 ER 640].