It does not support the large proposition for which it was cited by X Corp, namely that at general law, where there is a charge for an offence, the place of that offence must be specified. Accordingly, nothing said in Goodman affects my analysis concerning the proper construction of s 104(1)(e)(iii) of the Regulatory Powers Act which is resolved by reference to the principles essayed in Project Blue Sky and SZIZO.
Conclusions
210 X Corp has failed on all its claims. The proceeding will be dismissed with costs.
I certify that the preceding two hundred and ten (210) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Wheelahan.
Associate:
Dated: 4 October 2024
X Corp v eSafety Commissioner [2024] FCA 1159
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