Alcoa of Australia Ltd v Senator the Honourable John Button [1984] FCA 205

CATCHWORDS

ADMINISTRATIVE LAW - Judicial review - decjsion cf Minister to declare fuel o11 not to be entitled to drawback provisions of customs and excise legislation ~ whether fuel oi1 use& an alumina production entitled to drawback in any event - meaning of expressions "used in manufacture" and "lost or wasted in manufacture" ~ whether Minister failed to take rclevant matters into account - whether power used for legislative rather than

administrative purpose.

I ~l oO . on)

Administrative Decisions (Judicial Review) Act 19

Customs Act 1961 s.168 Excise Act 1901 s.793

Customs Regulations 123, 131

Excise Regulation 77

ALCOA OF AUSTRALIA LIMITED v SENATOR THE HONOQURABLO CONN Bulton

VG No. 307 of 1983

Woodward J. 19 duly 1984 Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) VG No. 307 of 1983 ) )

GENERAL DIVISION

BETWEEN:

ALCOA OF AUSTRALIA LIMITED Applicant ' and ; SENATOR THE HONOURABLE JOHN BUTTON Respondent{ i 3 ORDER

; JUDGE MAKING ORDER Woodward J.

DATE OF ORDER

19 July 1984

WHERE MADE Melbourne

THE COURT ORDERS THAT: _

The application be dismissed with costs. r' !

wo ice —-- - oe

SPATE pm pe yim or OIE ORR RUE ere aes cee sn en mers - a

oer

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) VG No. 307 of 1983 ) )

GENERAL DIVISION

BETWEEN:

ALCOA OF AUSTRALIA LIMITED Applicant and SENATOR THE HONOURABLE JOHN BUTTON Respondent

JUDGE: Woodward J.

DATE: 19 July 1984

REASONS FOR JUDGMENT

This application under the Administrative Decisions

(Judicial Review) Act 1977 ('the ADIJR Act') seeks to review

decisions of the Minister for Industry and Commerce contained in two notices published in the Government Gazette on 7 October 1933. Those notices purported to declare, in effect, that a certain class of goods was not to be entitled to the benefit of drawback provisions under the Customs Act 1901 and the Excise Act 1901