“The creation of a statutory corporation is an act of the legislature, not of the Governor-General in Council acting under s 64 of the Constitution.”
Therefore it is a legislative decision, not one of the Executive.
192 UNSW Law Journal Volume 28(1) brought for the enforcement of such a contract.29 That is, it is well recognised that a statutory corporation has a legal existence separate and distinct from the executive.
(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. TRANSPORT INTEGRATION ACT 2010 – SECT 5 Act binds the Crown
Queensland Rail High Court decision held State based Corporations are Constitutional “Trading” Corporations.  HCA 11 8 April 2015.
In light of the Queensland Rail decision, it would suggest Civic Compliance is a Constitutional “Trading” Corporation.
We can re-visit Crabbe v Queensland Police Service  QDC 122 (13 May 2013) at - where in that case it was ruled as speed camera’s are not used in trade it does not apply.
There may be potential to re-argue this point that as 78% of the Fine Revenue goes to the private corporation behind Civic Compliance and not the Government and that they are a Trading Corporation, that they are now used in trade and Sections 18GB and 18GH may now apply.
Relevant Case Law
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