Attorney General for the Northern Territory of Australia v The Minister for Aboriginal Affairs & Ors [1986] FCA 345

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CATCHWORDS

ADMINISTRATIVE LAW = Aboriginal land rights - Indication by Minister of intention to proceed with recommendation to Governor-General for the making of land grants - Whether decision by Minister to recommend land grant is subject to review under Administrative Decisions (Judicial Review) Act - Whether any "decision" had yet been made by Minister -— Whether decision to recommend vitiated by failure of Minister to be first satisfied that land should be granted to one or more Land Trusts to be held for the benefit of relevant Aboriginals - Whether Minister took account of -irrelevant considerations ~ Exercise of Court's discretion.

Administrative Decisions (Judicial Review) Act 1977 ss.3, 5, 6, 7

Aboriginal Land Rights (Northern Territory) Act 1976 s. ll, 12, 14, 19, 23, 50, &7, 70, 74

Acts Interpretation Act 1901 s.16A Control of Waters Act 1938 NT s.16A, 16B Bill of Rights 1688 s.l

Re Toohey; ex parte Meneling Station Pty Limited (1982) 57 ALJR 59, Minister for Aboriginal Affairs v_ Peko-Wallsend Limited (31 July 1986, not yet reported), Re Kearney; ex parte Northern Land Council (1984) 52 ALR 1, Thongchua v

Attorney-General (27 May 1986, not yet reported), Steiner v Attorney-General (1983) 52 ALR 148, Gourgaud v Lanton (1982)

42 ALR 117, Queen v Toohey; ex parte Northern Land Council (1981) 151 CLR 170, FAI Insurances Limited v Winneke (1982) 151 CLR 342, Australian Communist Party v The Commonwealth (1951) 83 CLR 1, Municipal Council of Sydney v Campbell [1925] AC 338, Jones v The Commonwealth (1963) 109 CLR 475, Attorney General (NSW) v_ Trethowan (1931) 44 CLR 394, Rediffusion (Hong

Kong) Ltd v Attorney-General (Hong Kong) [1970] AC 1136, Cormack v Cope (1974) 131 CLR 432, McLean Bros. & Rigg Ltd v

Grice (1906) 4 CLR 835, Western Stores Limited v Orange City Council [1971] .2 NSWLR 36, The Commonwealth and Central Wool