Siam Polyethylene Co Ltd v Minister of State for Home Affairs [2009] FCA 837

FEDERAL COURT OF AUSTRALIA

Siam Polyethylene Co Ltd v Minister of State for Home Affairs [2009] FCA 837

ADMINISTRATIVE LAW –– anti-dumping duty –– review application of existing anti-dumping measures –– Customs Act 1901 (Cth) Div 5 Pt XVB –– ss 269TAE, 269TG, 269ZDA, 269ZDB –– nature of review process –– Chief Executive Officer of Customs prepares statement of essential facts and report and makes recommendation to Minister as to whether anti-dumping duty notice should remain unaltered, be revoked or varied –– relevance to review application of statutory criteria governing initial declaration of anti-dumping duty, under s 269TG –– whether CEO and Minister required to consider again in review whether the dumping of imports is causing or threatening to cause material injury to an Australian industry –– whether the CEO and Minister permitted to set a new non-injurious price by following Customs' standard policy of using the unsuppressed selling price of Australian like products without considering whether that price is affected by other factors than the dumping

ADMINISTRATIVE LAW –– administrative decision making –– Minister as decision-maker –– discretion in making decision –– decision must be made having regard to the subject matter, scope and purpose of the legislative scheme –– decision must be made on the basis of the most current information available –– importance of the decision maker actively considering a statutory requirement, rather than giving it cursory consideration and putting it to one side

STATUTES –– statutes implementing international conventions –– principles governing construction –– using international instrument as an aid to construction –– importance of construing implemented international instrument liberally –– decisions of international tribunal on the implemented international instrument should be given significant weight in interpreting domestic legislation