Chief Executive Officer of Customs v Biocontrol Ltd [2006] FCA 107

FEDERAL COURT OF AUSTRALIA Chief Executive Officer of Customs v Biocontrol Ltd [2006] FCA 107 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – parties agreement that Tribunal erred in law – consent orders – whether orders appropriate – whether Tribunal erred in law - respondent imports isomate pheromones dispensers which disrupt insect mating – identification and classification of products by Australian Customs Service under Customs Tariff Act – whether products "insecticide" - meaning of "insecticide" – whether products "similar products" – meaning of "similar products" WORDS AND PHRASES – "insecticide", "similar products" Kovalev v Minister for Immigration (2000) 100 FCR 323 cited Sanchez v Minister for Immigration and Multicultural Affairs [1999] FCA 265 cited Yulianti v Minister for Immigration and Multicultural Affairs [2001] FCA 142 cited Xiao v Minister for Immigration (2001) 109 FCR 129 cited Re Allan and Repatriation Commission (2003) 77 ALD 140 cited Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 93 cited WAKM v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 730 cited Peacock v Zyfert (1983) 48 CLR 549 cited Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 cited Brutus v Cozens [1973] AC 854 cited Hope v Bathurst City Council (1980) 144 CLR 1 cited Sharp Corporation of Australia Pty Ltd v Collector of Customs (1994) 59 FCR 6 cited Markwell v Wollaston (1906) 4 CLR 141 cited Gardner Smith v Collector of Customs Victoria (1986) 66 ALR 377 cited Barry R Liggins Pty Ltd v Comptroller-General of Customs (1991) 103 ALR 565 cited Toyota Tsusho Australia Pty Ltd v Collector of Customs [1992] FCA 282 cited Mattinson v Multiplo Incubators Pty Ltd [1977] 1 NSWLR 368 cited Brewarrana Pty Ltd v Commissioner of Highways (No 2) (1973) 6 SASR 541 cited Acrow Australia Ltd v Collector of Customs (1986) 12 FCR 129 cited Re Bayer v Australia Ltd v Collector of Customs (NSW) (1985) 7 ALN 84 cited Administrative Appeals Tribunal Act 1975 (Cth) Customs Tariff Act 1995 (Cth) Customs Act 1901 (Cth) CHIEF EXECUTIVE OFFICER OF CUSTOMS v BIOCONTROL LIMITED VID 89 OF 2005 YOUNG J 16 FEBRUARY 2006 MELBOURNE