Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Australian Competition Tribunal
[2006] FCAFC 83
ADMINISTRATIVE LAW –judicial review – gas pipelines access law – application for review of decision of Australian Competition Tribunal to vary access arrangement drafted and approved by regulator – review function of the Tribunal – whether Tribunal erred in law as to construction and application of code – function of regulator – whether regulator incorrectly or unreasonably exercised discretion – calculation of reference tariff – factors to be considered in establishing initial capital base – depreciation methodology CONSTITUTIONAL LAW – co-operative legislative action of parliaments of the Commonwealth and the States – where Commonwealth administrative body or tribunal exercises functions under State law
Constitution: ss 51, 61, 75, 77
Judiciary Act 1903 (Cth): s 39B Pipeline Authority Act 1973 (Cth) Trade Practices Act 1974 (Cth): Pt IIIA, ss 44ZZM, 44ZZMA, 44ZZMB, 44ZZOA Federal Court of Australia Act 1976 (Cth): s 23
Administrative Decisions (Judicial Review) Act 1977 (Cth): Sch 3, ss 5, 6, 8 Moomba‑Sydney Pipeline System Sale Act 1994 (Cth)
Gas Pipelines Access (Commonwealth) Act 1998 (Cth): ss 16, 18, 19 Gas Pipelines Access (South Australia) Act 1997 (SA): Sch 1 ss 38, 39; Sch 2 ss 2, 3, 8 Gas Pipelines Access (NSW) Act 1998 (NSW): ss 10, 16, 18, 19, 21 Gas Pipeline Access Act 1998 (ACT): ss 6, 15, 20 Evidence Act 1958 (Vic): s 55
R v Hughes (2000) 202 CLR 535, considered
Re Michael; Ex parte Epic Energy (WA) Nominees Pty Ltd (2002) 25 WAR 511, applied
R v Duncan; Ex parte Australian Iron and Steel Pty Ltd (1983) 158 CLR 535, considered
Re Cram; ex parte NSW Colliery Proprietors' Association Ltd (1987) 163 CLR 117, considered
R v Cook; ex parte Twigg (1980) 147 CLR 15, cited
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