Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Livestock Transport & Trading v Australian Maritime Safety Authority (No 2) [2008] FCA 1544
ADMIRALTY – foreign‑flagged vessel was refused permission to load livestock because it did not comply with parts of Marine Orders Pt 43 – whether O 12.2 and s 6.6 of Appendix 4 of the Marine Orders are inconsistent with Div 12C of Pt IV of the Navigation Act 1912 (Cth) to the extent they apply to foreign‑flagged vessels
Navigation Act 1912 (Cth) ss 425(1AA), 425(2), 425(5C), 257, 257(1), Pt IV Div 12C ss 267ZF, 267ZG, 267ZJ, 267ZK, 267ZL, 267ZM, 267ZN, 267ZQ Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth) Pt IIIB Div 2 ss 26D(3), 26D(6) International Convention on the Prevention of Pollution from Ships 1973 as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) Annex IV Marine Orders Pt 43 Cargo & Cargo Handling–Livestock Issue 6 LIVESTOCK TRANSPORT & TRADING v AUSTRALIAN MARITIME SAFETY AUTHORITY
WAD 212 of 2008
SIOPIS J
16 OCTOBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 212 of 2008
BETWEEN: LIVESTOCK TRANSPORT & TRADING
Applicant
AND: AUSTRALIAN MARITIME SAFETY AUTHORITY
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 17 OCTOBER 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. It is declared that, to the extent that the last sentence of O 12.2 and s 6.6 of Appendix 4 to Marine Orders‑Part 43 Issue 6 (the Marine Orders) made under the Navigation Act 1912 (Cth) (the Act) apply to foreign‑flagged vessels, they are inconsistent with the Act and are of no force and effect. 2. The notice issued by the respondent dated 1 October 2008 refusing permission to load the vessel MV "Al Messilah" is set aside. 3. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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