Royal Queensland Aero Club ACN 009 660 806 v Civil Aviation Safety Authority [2000] FCA 848

FEDERAL COURT OF AUSTRALIA

Royal Queensland Aero Club ACN 009 660 806 v Civil Aviation Safety Authority [2000] FCA 848 ADMINISTRATIVE LAW - whether flight crew rating issued by Civil Aviation Safety Authority (CASA) delegate on basis of test conducted by delegate in breach of condition of relevant delegation is a valid civil aviation authorisation - de facto officer doctrine - ratings issued by a CASA delegate in breach of condition of delegation - whether issued rating valid or not Judiciary Act 1903 (Cth) Civil Aviation Act 1988 (Cth) Civil Aviation Regulations Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 cited He Kaw Teh v The Queen (1985) 157 CLR 523 referred to Bond v R (2000) 169 ALR 607; [2000] HCA 13 referred to Re Language Rights under Manitoba Act 1870 (1985) 19 DLR (4th) 1 followed ROYAL QUEENSLAND AERO CLUB ACN 009 660 806 AND DONALD GEORGE MITCHELL v CIVIL AVIATION SAFETY AUTHORITY Q 244 OF 1999

DRUMMOND J 22 JUNE 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 244 OF 1999

BETWEEN: ROYAL QUEENSLAND AERO CLUB ACN 009 660 806

FIRST APPLICANT

DONALD GEORGE MITCHELL

SECOND APPLICANT

AND: CIVIL AVIATION SAFETY AUTHORITY

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 22 JUNE 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The first applicant's application be dismissed.

THE COURT DECLARES THAT:

2. The second applicant's command instrument rating renewed on 1 October 1998 is a valid civil aviation authorisation for the purposes of the Civil Aviation Act 1988 (Cth) and the Civil Aviation Regulations notwithstanding that it was issued on the basis of the second applicant having passed a flight crew test conducted by a delegate of the Civil Aviation Safety Authority in breach of a condition of his delegation.