Federal Court of Australia
JUDGMENT No. 1m.2 05 2,
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 21 of 1994 ) )
GENERAL DIVISION
On appeal from the General Administrative Division of the Administrative Appeals Tribunal
BETWEEN: COLLECTOR OF CUSTOMS
Applicant
AND: BHP AUSTRALIA COAL LTD
Respondent
CORAM FOSTER, COOPER & WHITLAM JJ
DATE: 18 NOVEMBER 1994 RFCFIVFD
28 JUN 1995
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
PLACE: BRISBANE
RRIGEND
Amendments to Reasons for Judgment delivered on 18 November 1994:
1. Catchwords page, line 18 - "No NG 21 of 1994" should read "No QG 21 of 1994".
2. Order page, line 2 - "NEW SOUTH WALES DISTRICT REGISTRY" should read "QUEENSLAND DISTRICT REGISTRY".
3. Order page, line 2 - ""No NG 21 of 1994" should read "No QG 21 of 1994".
4. Page 1, line 2 - "NEW SOUTH WALES DISTRICT REGISTRY" should read "QUEENSLAND DISTRICT REGISTRY".
5. Page 1, line 2 - "No NG 21 of 1994" should read "No QG 21 of 1994".
6. Page 8, line 4 - "time" should read "times".
P. NOBLE Associate to Foster J 27 June 1995
#
With the Compléments of My $ustece R E Cooper
Please find herewith copy judgment in the matter of Collector of Customs v. BHP
No. NG 21 of 1994. This
judgment was delivered by
Cooper J. in Brisbane on 18.11.94. The disk copy was electronically transferred on Friday 18.11.94
by the Brisbane Library. ,
JUDGES' CHAMBERS
FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY
BRISBANE 4000
AUSTRALIA
JUDGMENT NOx one Bana anton
CATCHWORDS
CUSTOMS AND EXCISE - Diesel fuel rebate - EXCISE ACT 1901 (Cth) - s 78A(1) - whether purchase of fuel for use in "mining operations" - Customs Act 1901 (Cth) - s 164(7)(b) - whether operation amounted to "beneficiation"" ~- whether operation was "integral part of operations for ... recovery" of coal - 8 164(7)(c) - whether operation was "connected with ... mining
for minerals wee" 7 8 164(7) (ca) - whether operation "connected with the beneficiation of minerals ..." WORDS AND PHRASES - Customs Act 1901 (Cth) - s 174(7) -
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