Coca-Cola Amatil (Aust) Pty Ltd v Northern Territory of Australia [2013] FCA 154

FEDERAL COURT OF AUSTRALIA

Coca-Cola Amatil (Aust) Pty Ltd v Northern Territory of Australia [2013] FCA 154 Citation: Coca-Cola Amatil (Aust) Pty Ltd v Northern Territory of Australia [2013] FCA 154

Parties: COCA-COLA AMATIL (AUST) PTY LTD ABN 68 076 594 119, SCHWEPPES AUSTRALIA PTY LTD ABN 51 004 243 994 and LION PTY LTD ABN 50 128 004 268 v NORTHERN TERRITORY OF AUSTRALIA

File number: NSD 2181 of 2012

Judge: GRIFFITHS J

Date of judgment: 4 March 2013

Catchwords: STATUTORY INTERPRETATION – Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT) – whether requirements imposed on beverages supplied in containers repugnant to ss 9 and 10 of the Mutual Recognition Act 1992 (Cth) – whether requirements imposed regulate the manner of sale of goods within the meaning of s 11(2) of the Mutual Recognition Act 1992 (Cth) – whether requirements imposed are concerned with the handling of relevant goods within the meaning of s 11(3) of the Mutual Recognition Act 1992 (Cth) – Acts Interpretation Act 1901 (Cth) - extrinsic materials – use of Intergovernmental Agreement which founded cooperative scheme – use of examples in statutory interpretation – where example inconsistent with statutory provision STATUTES – jurisdiction of Court to declare invalidity as a consequence of repugnancy – factors relevant to discretion

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AB, 15AD Beverage Container Act 1975 (SA) Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT) ss 3, 4, 6, 7, 11, 12, 13, 23, 24 Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011 (NT) ss 2E, 2F Interpretation Act 1978 (NT) Mutual Recognition Act 1992 (Cth) ss 3, 4, 9, 10, 11, 13, 14, 15 Mutual Recognition (Northern Territory) Act 1993 (NT) s 5 Northern Territory (Self-Government) Act 1976 (Cth) s 59