Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary, Department of Industry Tourism & Resources v Brambles Australia Ltd [2006] FCAFC 56 ADMINISTRATIVE LAW – appellant provides specially moulded trays for transport of components and in facilitating automotive assembly process – refusal of application for registration as an automotive service provider under ACIS Administration Act 1999 (Cth) – whether appellant provided services "relating solely to production" – whether appellant provided "production services" – whether "production" limited to activities within Australia – Administrative Appeals Tribunal misapplied statutory test – no error of the primary judge – appeal dismissed ACIS Administration Act 1999 (Cth) ss 6, 7, 19, 26 ACIS Administration Regulations 2000 (Cth)
IW v The City of Perth and Others (1997) 191 CLR 1 Randwick Corporation v Rutledge (1959) 102 CLR 54 Ryde Municipal Council v Macquarie University (1978) 139 CLR 633 Salvation Army (Victoria) Property Trust v Fern Tree Gully Corporation (1952) 85 CLR 159 SECRETARY, DEPARTMENT OF INDUSTRY TOURISM AND RESOURCES v BRAMBLES AUSTRALIA LIMITED VID 1230 OF 2005 NICHOLSON, MANSFIELD AND BENNETT JJ 3 MAY 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY VID 1230 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SECRETARY, DEPARTMENT OF INDUSTRY TOURISM AND RESOURCES
APPELLANT
AND: BRAMBLES AUSTRALIA LIMITED
RESPONDENT
JUDGE: NICHOLSON, MANSFIELD AND BENNETT JJ
DATE OF ORDER: 3 MAY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. If the parties agree to the proposed orders or to other orders by consent, they may forward notification of said consent to the chambers of the presiding judge by Monday 8 May at 4pm. 1. Otherwise, the proceedings are stood over to Thursday 11 May 2006 at 10.15am for the purpose of making orders giving effect to these reasons, including orders as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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