Mitsubishi Motors Australia Ltd v. Department of Transport & Ors [1986] FCA 446

rcp * t

AAG

. _ CATCHWORDS . , J Freedom of Information - powers of Administrative Appeals

Tribunal - review under s.59 of a decision that a document is not exempt under s.43 ~ whether Tribunal can decide if the document is exempt under provisions of Part IV of the Act other than 3.43.

Administrative Appeals Tribunal Act 1975 3.45

Freedom of Information Act 1982 ss.1l, 14,

15, 18, 27, 37, 43, 45, 46, 54, 55, 58, 59.

!

MI SHI_ MOTORS AUSTRAL IMITED v DEPARTMENT. OF TRANSPORT &

NO. G45 of 1986.

BOWEN C.J., BEAUMONT & WILCOX JJ. SYDNEY

2\ OCTOBER 1986.

FEDERAL COURT OF AUSTRALIA

town 4

IN THE FEDERAL COURT OF AUSTRALIA

) SOUTH AUSTRALIAN DISTRICT REGISTRY ) No. G45 of 1986 GENERAL DIVISION )

ON A REFERENCE OF A QUESTION OF LAW FROM THE ADMINISTRATIVE APPEALS TRIBUNAL (GENERAL ADMINISTRATIVE DIVISION) IN MATTER NO. S85/66

CORAM: PLACE: DATE:

BETWEEN: MITSUBISHI MOTORS AUSTRALIA LIMITED

Applicant

AND: DEPARTMENT. OF TRANSPORT RESPONDENT

AND: GRAHAM JOHN PAYNE and JENNIFER ANN PAYNE

Parties Joined

'

Bowen, C.J., Beaumont and Wilcox Jv. t

Sydney

z\ October 1986.

MINUTE OF ORDER

THE COURT ORDERS THAT:

1.

The answer to the following question of law arising in the proceedings before the Administrative Appeals

Tribunal which was referred under s.45 of the

Administrative Appeals Tribunal Act 1975 is as stated

below:

QUESTION

Whether the Administrative Appeals Tribunal, when reviewing the respondent's decision, pursuant to 3.59 of the Freedom of Information Act 1982, that a document in so far as it contains certain information, is not an

ten 7

2.

a

exempt document under s.43 of the Act, is, as a matter of law, iobliged or, alternatively, empowered to decide whether 'the document is an exempt document under that, or any other, provision of Part IV of the Act.

ANSWER : (a) As

Freedom of Information Act - Yes;

(Db) As to a claim for exemption under any provision of