Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pileggi v Australian Sports Drug Agency [2004] FCA 955
ADMINISTRATIVE APPEAL – question of law – facts as found by the Tribunal – no material error of law STATUTORY CONSTRUCTION – meaning of "request" – meaning of "state" – whether words to be given ordinary meaning AUSTRALIAN SPORTS DRUG AGENCY ACT 1990 AND REGULATIONS – requirements of regulation 17 – whether composite conduct (oral and written) can satisfy – objective test – whether written notice given in conformity with regulation 37 WORDS AND PHRASES – "request" – "state" Administrative Appeals Tribunal Act 1975 (Cth), s 44 Australian Sports Drug Agency Act 1990 (Cth), ss 11, 15, 16, 17, 67A Australian Sports Drug Agency Regulations 1999 (Cth), regs 17, 27, 37, 61 Hope v Hope (1854) 43 ER 534, referred to Re Elkateb; Lawindi v Elkateb (2002) 187 ALR 479, referred to Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, referred to Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232, referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited Collector of Customs (Tasmania) v Davis (1989) 23 FCR 378, referred to NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (Cth) (1956) 94 CLR 509, followed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, cited VEAN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 204 ALR 80, referred to Beneficial Finance Corporation Ltd v Multiplex Constructions Pty Ltd (1995) 36 NSWLR 510, referred to Grozier v Tate (1947) 64 WN (NSW) 1, referred to Thompson v Groote Eylandt Mining Co Ltd (2003) 173 FLR 72, referred to Director of Public of Prosecutions v Ryan (unreported, Supreme Court of Victoria, Mandie J, 13 July 1994), referred to Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550, referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502, referred to CAROLINE PILEGGI v AUSTRALIAN SPORTS DRUG AGENCY V 896 of 2004 KENNY J 22 JULY 2004 MELBOURNE
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