Automotive Components Limited (Receivers and Managers appointed) (in liquidation) v Secretary, Department of Industry and Science [2016] FCAFC 6

FEDERAL COURT OF AUSTRALIA

Automotive Components Limited (Receivers and Managers appointed) (in liquidation) v Secretary, Department of Industry and Science [2016] FCAFC 6 Appeal from: Automotive Components Limited (Receivers and Managers Appointed) (In Liquidation) and Secretary, Department of Industry and Science [2015] AATA 79

File number: VID 112 of 2015

Judges: GILMOUR, MURPHY AND MORTIMER JJ

Date of judgment: 29 January 2016

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal on question of law STATUTORY INTERPRETATION – Regulation 2.22 of the Automotive Transformation Scheme Regulations 2010 (Cth) – relevant time period for the assessment of compliance with conditions of registration in Scheme – whether assessment of compliance with production volume and value conditions is prospective or retrospective –interpretation of beneficial legislation – effect of Ministerial permission allowing continued registration

Legislation: ACIS Administration Act 1999 (Cth) Automotive Transformation Scheme Act 2009 (Cth) Automotive Transformation Scheme Regulations 2010 (Cth)

Cases cited: Bull v Attorney General (NSW) [1913] HCA 60; (1913) 17 CLR 370 Luttick Australia Pty Ltd v Export Development Grants Board [1985] FCA 173; (1985) 5 FCR 589 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Butterworths Pty Ltd v Minister for Business and Consumer Affairs (1979) 2 ALD 612 Robert Bosch (Australia) Pty Ltd v Secretary, Department of Innovation, Industry, Science and Research [2011] FCA 1133; (2011) 197 FCR 374 Rose v Secretary, Department of Social Security [1990] FCA 59; (1990) 21 FCR 241