Distilled Spirits Industry Council of Australia Inc v Food Standards Australia New Zealand [2003] FCA 1139

FEDERAL COURT OF AUSTRALIA

Distilled Spirits Industry Council of Australia Inc v Food Standards Australia New Zealand [2003] FCA 1139 ADMINISTRATIVE LAW – judicial review – application to modify food standards – application refused – whether decision-maker addressed the correct question or misconstrued statute – where primary object of statute public health and safety – whether decision-maker gave weight to this object to exclusion of other relevant considerations. ADMINISTRATIVE LAW – judicial review – effect of preliminary recommendation – where valid/lawful recommendation of statutory body a prerequisite to final decision of council of ministers. ADMINISTRATIVE LAW – judicial review – application to modify food standard – decision whether to exempt duty free alcohol from general alcohol labelling requirements – where applicant provided no empirical evidence to support exemption being granted – whether decision-maker's refusal to extend time for applicant to make submissions constituted denial of procedural fairness – whether decision-maker required to inform itself of evidence beyond that received in submissions. Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) Federal Court of Australia Act 1976 (Cth) Australia New Zealand Food Authority Act 1991 (Cth) Imported Food Control Act 1992 (Cth) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Conservation Foundation v Forestry Commission (1988) 19 FCR 127 Enichem ANIC v Anti-Dumping Authority (1992) 39 FCR 458 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 Minister for Immigration and Ethnic affairs v Teoh (1995) 183 CLR 273 Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 353 R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 Re W (an infant) [1971] AC 682