National Registration Authority v Deputy President Barnett, T E & Ors [1998] FCA 488

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Agricultural and Veterinary Chemicals Code - registration of chemical product for agricultural use - National Registration Authority ("NRA") obliged to register chemical product if satisfied about all matters in a specific list - NRA empowered to register either unconditionally or subject to conditions - conditions to be those "that the NRA thinks appropriate" - provision made for certain specified decisions of NRA to be reviewable by the Administrative Appeals Tribunal ("AAT") - decision to register product unconditionally not reviewable - decision to register subject to particular conditions is reviewable - NRA registered product subject only to two conditions relating to "use by date" ("the Conditions") - second respondent ("the Coalition") applied to AAT for review of NRA's decisions to register product, to refuse Coalition's request for reconsideration of registration and not to suspend registration - Coalition later amended application to seek review of the Conditions - AAT held that Coalition had requisite standing to apply for review - AAT ordered NRA to lodge documents relevant not only to its decision to impose the Conditions but also its decision to register the chemical product - NRA sought judicial review of those two AAT decisions - at hearing Coalition conceded that it was not interested in challenging the appropriateness of the Conditions, but was concerned to have other conditions (relating to risk to animals and humans) imposed as an incident of registration of the product - whether AAT's jurisdiction or power of review extended to consideration of the imposition of other conditions unrelated to the "use by date" of the chemical product, or was confined to review of the appropriateness or otherwise of the particular conditions imposed - if the latter, whether, in view of Coalition's concession, the review before the AAT should proceed. Judiciary Act 1903 (Cth), s 39B Agricultural and Veterinary Chemicals Code Act 1994 (Cth) Agvet Code ss 3, 10, 14, 20(1), 23, 167(1)(b) Administrative Appeals Tribunal Act 1975 (Cth), ss 25, 27, 29, 37 Felton v Mulligan (1971) 124 CLR 367 applied Fencott v Muller (1983) 152 CLR 570 applied Smiles v Commissioner of Taxation (1992) 37 FCR 538 referred to Alphapharm Pty Ltd v SmithKline Beecham (Australia) Pty Ltd & Ors (1994) 120 ALR 373 distinguished