Ansett Transport Industries Ltd v. Secreatry, Department of Aviation & Taylor, R.M. [1986] FCA 650

CATCHWORDS

ADMINISTRATIVE LAW - Decision of Secretary of Department of Aviation pursuant to the Two Airlines Agreément - Request for written reasons for decision ~- Applicability of Administrative Decisions (Judicial Review) Act 1977 (Cth) - Whether decision of "an administrative character made ... under an enactment".

Acts Interpretation Act 1901 (Cth): s. 13

Administrative Decisions (Judicial Review) Act 1977 (Cth): ss. 3, 13 Airlines Agreement Act 1981 (Cth): ss, 3, 5, 6, 7, 8 and Schedule. Airlines Equipment Act 1958 (Cth): ss. 12, 18

Air Navigation Regulations: Regs. 82, 190, 198, 199

Customs (Prohibited Imports) Regulations: Reg. 4N

ANSETT TRANSPORT INDUSTRIES LIMITED v. RAE MARTIN TAYLOR

G 586 of 1986

LOCKHART J. 23 DECEMBER 1986 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) No. VG 586 of 1986 )

GENERAL DIVISION )

ANSETT TRANSPORT __ INDUSTRIES LIMITED

Applicant

RAE MARTIN TAYLOR

Respondent

23 December 1986

REASONS FOR JUDGMENT

LOCKHART J.

I propose to give judgment now and am assisted in taking this

course by the clear and helpful arguments of counsel.

This case raises the question whether a decision by the Secretary of the Department of Aviation pursuant to clause 6(1)(c) of the Schedule to the Airlines Agreement Act 1981 (to which I. shall refer as "the Two Airlines Agreement" or sometimes as "the Agreement") is a decision of an administrative character made "under an enactment" within the meaning of that expression in sub-s. 3(1) of the

Administrative Decisions (Judicial Review) Act 1977 ("the Judicial

Review Act"). If the decision answers this description it is

susceptible of review under the Judicial Review Act and to the

processes of s. 13 thereof relating to the request and furnishing of a

statement of reasons for that decision.

IN THE FEDERAL COURT OF AUSTRALIA