Board of Examiners under the Mine Safety and Inspection Act 1994 (WA) v Lawrence [2000] FCA 900

FEDERAL COURT OF AUSTRALIA

Board of Examiners under the Mines Safety & Inspection Act 1994 (WA) v Lawrence [2000] FCA 900

TRADE AND COMMERCE– Mutual Recognition Act - purpose and operation of Act – mutual recognition principle – entitlement to registration upon lodgment of application with local registration authority – immediate entitlement upon expiry of time limit for decision – meaning of "immediate entitlement" – failure by local registration authority to decide application – review by Administrative Appeals Tribunal – function of Administration Appeals Tribunal upon review – abuse of process – collateral purpose in application – imposition of conditions upon registration – declaration of non-equivalence of occupations.

ADMINISTRATIVE LAW – Administrative Appeals Tribunal – review of decision of local registration authority – whether reviewable decision – abuse of process – whether application to Tribunal frivolous or vexatious – whether statutory power or implied incidental power to deal with abuse of process – nature of case before Tribunal – imposition of conditions upon certificate of competency – declaration of non-equivalence – health, safety and environmental considerations – qualification upon mutual recognition principle.

CONSTITUTIONAL LAW – referral of powers – adoption of law made pursuant to referral – nature of such law as a law of the Commonwealth.

Mutual Recognition Act 1992 (Cth) s 19 s 43, s 17, s 4, s 21, s 23(1)(c), s 34(1) s 28, s 31, s 3, s 20, s 23(2), s 25, s 26, s 27, s 29, s 32, s 34(2), s 39

Mines Safety and Inspection Act 1994 (WA)

Mines and Works Inspection Act 1920 (SA) s 4, s 18,

Mines Regulation Act 1946

Mines Safety and Inspection Act 1994 (WA)

Mutual Recognition (Western Australia 1995 Act (WA) s 4(1)

Mutual Recognition (Western Australia) Amendment Act 1997 (WA) (No 48 of 1997)