Selway v Minister for Infrastructure, Transport, Regional Development & Local Government [2011] FCA 43

FEDERAL COURT OF AUSTRALIA

Selway v Minister for Infrastructure, Transport, Regional Development & Local Government [2011] FCA 43 Citation: Selway v Minister for Infrastructure, Transport, Regional Development & Local Government [2011] FCA 43

Appeal from: Selway v Minister for Infrastructure, Transport, Regional Development and Local Government [2010] AATA 595

Parties: MARK SELWAY v MINISTER FOR INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT & LOCAL GOVERNMENT

File number: SAD 126 of 2010

Judge: MANSFIELD J

Date of judgment: 3 February 2011

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – importation of motor vehicle – nonstandard vehicle – vehicle not owned and used for a continuous period of at least 12 months – declined to exercise discretion pursuant to Regs 11 and 13 of the Motor Vehicle Standards Regulations 1989 (Cth) – whether "special" or "exceptional" circumstances are required before discretion conferred by Reg 11 will be exercised – decision remitted to Tribunal

Legislation: Motor Vehicle Standards Act 1989 (Cth) Motor Vehicle Standards Regulations 1989 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Motor Vehicles Standards Bill 1989 (Cth) Administrative Appeals Tribunal Amendment Act 2005 (Cth)

Cases cited: Re Trajkovski and Department of Transport and Regional Services [2000] AATA 1073 considered Re Marra and Minister for Transport and Regional Services [2003] AATA 323 considered Re Williamson and Minister for Infrastructure, Transport, Regional Development and Local Government [2009] AATA 48 considered Re Anthony and Department of Transport and Regional Services [2001] AATA 543 considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 considered Osland v Secretary to the Department of Justice (2010) 267 ALR 231 cited Minister for Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 considered The Queen v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 cited Minister for Immigration and Ethnic Affairs v Gungor (1982) 42 ALR 209 cited Statham v Federal Commissioner of Taxation (1988) 16 ALD 723 cited NAAO v Secretary, Department of Immigration and Multicultural Affairs (2002) 66 ALD 545 cited Canberra Trademan's Union Club v Gambling and Racing Commission (2002) 72 ALD 359 cited Commissioner of Taxation v Eskandari [2004] FCA 8 cited