Case Number

HCJ 10/48

Date Decided

12-2-1948

Decision Type

Original

Document Type

Full Opinion

Abstract

The Acting District Commissioner of Tel Aviv purporting to act as the Competent Authority under Mandatory regulations requisitioned an apartment in Tel Aviv for the use of a government official His action was challenged on the grounds, first, that the Mandatory regulations in question had been impliedly repealed by s. 9 of the Law and Administration Oridnance of 19481) which empowered the Provisional Council to make regulations of the same kind, and secondly, that the appointment of the Acting District Commissioner as Competent Authority, being an act having legislative effect within the meaning of s.20 of the Interpretation Ordinance, 1945, was invalid as it had not been published in the Official Gazette as required by that Section.

Held: (1) that the regulation in question had not been repealed and remained in force

(2) that the appointment of the Competent Authority was not an act having legislative effect and accordingly did not require publication in the Gazette.

Keywords

Administrative Law -- Competent authority, Administrative Law -- Discretion

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