Migration Agents Registration Authority v Barrie Goldsmith [2001] FCA 778

FEDERAL COURT OF AUSTRALIA

Migration Agents Registration Authority v Barrie Goldsmith [2001] FCA 778

ADMINISTRATIVE LAW – re-registration by Migration Agents Registration Authority – under Migration Act 1958 (Cth) of applicant who has been registered at some time in the twelve months before application – prohibiting re-registration if applicant has not met the requirements prescribed by the regulations for continuing professional development (CPD) – regulations requiring CPD to be completed in the year of the previous registration – whether Act contemplates CPD may be completed at any time up until application for registration – whether regulations invalid as being inconsistent with Act Acts Interpretation Act 1901 (Cth) s 46(1)(b) Migration Act 1958 (Cth) ss 287, 288(1), 288(1A), 289, 290(1), 290A, 291 Migration Legislation Amendment (Migration Agents) Act 1977 (Cth) Migration Agents Regulations 1998 (Cth) reg 6 Sch 1 Shanahan v Scott (1957) 96 CLR 245 at 250 applied Morton v Union Steamship Co of New Zealand (1951) 83 CLR 402 cited One Tel Ltd v Australian Communications Authority [2001] FCA 54 cited One Tel Ltd v Australian Communications Authority (2000) 176 ALR 529 cited Hanlon v The Law Society [1981] AC 124 cited Minister for Immigration & Multicultural Affairs v Singh (2000) 171 ALR 53 cited Australian Steel Company (Operations) Pty Ltd v Lewis [2000] FCA 1915 cited Gould v Brown as liquidator of Amann Aviation Pty Ltd (in liq) (1998) 193 CLR 346 cited MIGRATION AGENTS REGISTRATION AUTHORITY v BARRIE GOLDSMITH N 397 OF 2001 HEEREY, MANSFIELD AND GYLES JJ 22 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

SYDNEY DISTRICT REGISTRY N 397 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MIGRATION AGENTS REGISTRATION AUTHORITY

APPELLANT