Australian Securities and Investments Commission v Donald [2003] FCAFC 318

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Donald [2003] FCAFC 318

CORPORATIONS – application to the Administrative Appeals Tribunal to review a decision by the Australian Securities & Investments Commission to impose a banning order on a dealer's representative – whether the Tribunal can exercise the power of the Commission to decide to accept a written undertaking where the Commission's decision to accept or reject a written undertaking not reviewable by the Tribunal – for the purpose of reviewing the Commission's banning order decision, the Tribunal had the power to decide that the Commission accept a written undertaking

Corporations Law ss 829, 830(1), 831(1) and 998(1) Administrative Appeals Tribunal Act 1975 (Cth) ss 25 and 43(1) Australian Securities and Investments Commission Act 1989 (Cth) s 93AA

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 followed Stevenson v Commissioner of Taxation (1991) 29 FCR 282 referred to Re Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 followed Fletcher v Federal Commissioner of Taxation (1988) 19 FCR 442 followed Secretary, Department of Employment, Education, Training and Youth Affairs v MacKay (1998) 29 AAR 95; 58 ALD 130 referred to Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 followed Kerslake v Repatriation Commission (1996) 40 ALD 547 referred to Re BHP Petroleum Pty Ltd and Others and Minister for Resources (1993) 30 ALD 173 considered BHP Petroleum (Timor Sea) Pty Ltd and Others v Minister for Resources (1994) 49 FCR 155 referred to Comcare v Burton (1998) 157 ALR 522; 50 ALD 846 considered Lees v Comcare (1999) 56 ALD 84 referred to AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ANDREW WILLIAM DONALD V 721 of 2002 GRAY, KENNY AND DOWNES JJ 23 DECEMBER 2003 MELBOURNE