South Coast X-Ray Pty Limited v Chief Executive Officer of Medicare Australia [2007] FCA 277

FEDERAL COURT OF AUSTRALIA

South Coast X-Ray Pty Limited v Chief Executive Officer of Medicare Australia [2007] FCA 277 ADMINISTRATIVE LAW – separate question of law – scope of regulation making power – validity of regulations – meaning of words 'rules for interpretation' – statutory interpretation. Held: Separate question answered in the affirmative. Application dismissed. Acts Interpretation Act 1901 (Cth), s 15AA Health Insurance Act 1973 (Cth), ss 4, 4A, 4AA, 4BAA Health Insurance (Diagnostic Imaging Services Table) Regulations 2006, Rule 31 Human Service and Health Legislation Amendment Act (No. 2) 1994 (Cth) Legislative Instruments Act 2003 (Cth), ss 4, 5, 13 Anthony Hamilton Woodyatt v Minister for Corrective Services [1995] QICmr 1; (1995) 2 QAR 383. Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 Collector of Customs v Pozzolanic Enterprises Pty Ltd, Collector of Customs v Pressure Tankers Pty Ltd (1993) 43 FCR 280 Harding and Another v The Commissioners of Stamps for Queensland [1898] AC 769 Mills v Meeking and Another (1990) 169 CLR 214 Morton v The Union Steamship Company of New Zealand Limited (1951) 83 CLR 402 NAQF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 781 Shanahan v Scott (1957) 96 CLR 245 State Chamber of Commerce and Industry and Others v The Commonwealth of Australia, Attorney-General for the State of Queensland (at the relation of the Brisbane Chamber of Commerce) v The Commonwealth of Australia (1987) 163 CLR 329 The Amalgamated Society of Engineers v Adelaide Steamship Company Limited and Others (1920) 28 CLR 129 The Life Insurance Company of Australia Limited v Phillips (1925) 36 CLR 60 The Queen v Toohey; Ex parte Northern Land Council (1981) 151 CLR 170 Utah Constructions & Engineering Pty Ltd and Another v Janos Pataky [1966] AC 629 Willocks v Anderson (1971) 124 CLR 293