Australian Pesticides and Veterinary Medicines Authority v Administrative Appeals Tribunal [2008] FCA 1393

FEDERAL COURT OF AUSTRALIA

Australian Pesticides and Veterinary Medicines Authority v Administrative Appeals Tribunal [2008] FCA 1393

ADMINISTRATIVE LAW – applications for approval of active constituents and registration of chemical products – Authority madedecisions to approve and to register underss 19(1) and 20(1) of Agricultural and Veterinary Chemicals Code – approval and registration effected by entering relevant particulars in Record of Approved Active Constituents and in Register of Chemical Products – ss 19(2) and 20(2) of Code – relevant particulars included name of manufacturer and address of place of manufacture – fictitious manufacturer and address submitted to Authority – Authority removed approvals and registrations from the Record and Register on basis that they were vitiated by fraud – whether misrepresentation operated on decisions to approve and to register – whether removal was lawful. ADMINISTRATIVE LAW – whether the Administrative Appeals Tribunal has jurisdiction to review decision by Authority to remove approvals from the Record and registrations from the Register – whether decision to remove and removal constituted a purported exercise of power conferred by the Agricultural and Veterinary Chemicals Code and wasthereby reviewable under s 167 of the Code by the AAT. Acts Interpretation Act 1901 (Cth) s 33(3) Administrative Appeals Tribunal Act 1975 (Cth) s 41(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(a) Agricultural and Veterinary Chemicals Code Act 1994 (Cth) ss s 19(1)(a),(b), 20(1)(a),(b) Agricultural and Veterinary Chemicals Code ss 1,3,10,11,14,17-20, 26-29, 45A, 47, 49, 52, 53,55,74-78, 145, 157, 159, 161, 167 Australian Citizenship Act 1948 (Cth) s 13 Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) Agricultural and Veterinary Chemicals Code Regulation 1995 (Cth) ss 15, 16 Customs Act 1901 (Cth) Federal Court of Australia Act 1976 (Cth) s 21(2) Judiciary Act 1903 (Cth) s 39B(1)