Australian Tea Tree Oil Research Institute v Industry Research & Development Board [2002] FCA 1127

FEDERAL COURT OF AUSTRALIA

Australian Tea Tree Oil Research Institute v Industry Research & Development Board [2002] FCA 1127 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal - Administrative Appeals Tribunal affirmed decision not to register applicant as registered research agency – whether Administrative Appeals Tribunal erred in finding eligibility for registration to be determined at date application was made – criteria to be met for registration contained in instrument published in Gazette – whether Administrative Appeals Tribunal erred in confining assessment of criteria to be met for registration – whether Administrative Appeals Tribunal erred identifying the criteria for registration – whether compliance with criteria sufficient to entitle registration – whether discretion existed to enable registration where criteria not satisfied – whether Administrative Appeals Tribunal erred in construing criteria

Industry Research and Development Act 1986 (Cth), ss 3, 39C, 39F, 39G Income Tax Assessment Act 1936 (Cth), s 73B(1B) and 73B(13) Commonwealth of Australia Gazette 1995, no. GN 16, 26 April Acts Interpretation Act 1901 (Cth), s 15AA and s 46A Industry Research and Development Amendment Act 1995 (Cth), s 4(1)(b) Research and Development Legislation Amendment Bill 1988, Explanatory Memorandum, par 43(f) Comptroller-General of Customs v Akai Pty Limited (1994) 50 FCR 511, referred to Jebb v Repatriation Commission (1988) 80 ALR 329, referred to Ward v Williams (1955) 92 CLR 496, referred to King Gee Clothing Company Proprietary Limited v The Commonwealth (1945) 71 CLR 184, referred to Collector of Customs v Agfa-Gevaert Limited (1996) 186 CLR 389, referred to Gill v Donald Humberstone & Co. Ltd. [1963] 3 All ER 180, applied Langton v Independent Commission Against Corruption (2000)49 NSWLR 164, referred to Melbourne Pathology Pty Ltd v Minister for Human Services and Health (1996) 40 ALD 565, referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384, referred to Minister for Immigration and Multicultural Affairs v Lim (2001) 112 FCR 589, referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297, referred to Collector of Customs v Pozzolanic (1993) 43 FCR 280, referred to Industry Research and Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564, followed Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, referred to