Russell Crayfish Supply P/L v. Commonwealth of Australia [1994] FCA 763

JUDGMENT No. sen 2 Sal wt

ATC. Ri

Primary Industry - Fish - Fish processing marketing and sale - Processing - Export control under Export Control Act 1982 - Considerations relevant to exercise of discretionary power to revoke registration of an establishment in respect of export

operations.

Export Control Act 1982

R TL RAYFISH PPLY PT LIMITED v. EALTH AUSTRALIA

VG113 of 1994

Sweeney, Jenkinson and Ryan JJ. Melbourne 19 October, 1994

21 OCT 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT RE TRY ) No. VG113 of 1994

GENERAL DIVISION )

On Appeal from the Administrative Appeals Tribunal

BETWEEN: R) RAYFISH PPLY LIMTTED Applicant AND: COMMONWEALTH OF AUSTRALIA

Respondent CORAM: Sweeney, Jenkinson and Ryan JJ. PLACE: Melbourne DATE: 19 October, 1994

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The respondent's costs of the appeal (including costs reserved) be paid by the applicant.

(Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules)

IN THE FEDERAL RT _OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG113 of 1994 GENERAL DIVISION )

On Appeal from the Administrative Appeals Tribunal

BETW 2 R EL! YF PPLY LIMITED Applicant AND: COMMONWEALTH OF AUSTRALIA

Respondent CORAM : Sweeney, Jenkinson and Ryan JJ. PLACE: Melbourne DATE: 19 October, 1994

REASONS FOR DGMENT THE COURT Appeal from a decision of the Administrative Appeals Tribunal. The Tribunal confirmed the decision of a delegate of the Secretary to the Department of Primary Industry and Energy that the registration, under Part 5 of the Prescribed Goods (General) Orders, of two establishments used by the

applicant for the preparation of goods prescribed for the

purposes of the Export Control Act 1982 be revoked.

The regulatory system established by and pursuant to