Amcor Packaging (Australia) Pty Limited (ACN 004 275 165) trading as Amcor Food Cans Australasia v Chief Executive Officer of Customs [2002] FCA 1346

FEDERAL COURT OF AUSTRALIA

Amcor Packaging (Australia) Pty Limited (ACN 004 275 165) trading as Amcor Food Cans Australasia v Chief Executive Officer of Customs [2002] FCA 1346 Customs – anti-dumping - interim securities imposed – whether CEO authorised to summarily dismiss an application for duty assessment under s 269W(1) of the Customs Act 1901 (Cth) – whether valid application made under s 269W(1) of the Customs Act 1901 (Cth) – whether information supplied in the application to establish the applicant's stated opinion of the export price and the normal value – whether facsimile application made within time when application taken to be lodged one day out of time.

Words & Phrases – "made", "lodged"

Customs Act 1901 (Cth), ss 269V, 269W, 269X, 269Y(4) Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth), s 39B Customs Tariff (Anti-Dumping) Act 1975 (Cth), s 8

Craig v The State of South Australia (1995) 184 CLR 163 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 referred to Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 referred to AMCOR PACKAGING (AUSTRALIA) PTY LIMITED (ACN 004 275 165) trading as Amcor Food Cans Australasia v CHIEF EXECUTIVE OFFICER OF CUSTOMS N1430 of 2001 JACOBSON J 31 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1430 of 2001

BETWEEN: AMCOR PACKAGING (AUSTRALIA) PTY LIMITED

(ACN 004 275 165) TRADING AS Amcor Food Cans Australasia

APPLICANT

AND: CHIEF EXECUTIVE OFFICER OF CUSTOMS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 31 OCTOBER 2002

WHERE MADE: SYDNEY