Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maritime Union of Australia v Assistant Minister for Immigration and Border Protection [2014] FCA 993 Citation: Maritime Union of Australia v Assistant Minister for Immigration and Border Protection [2014] FCA 993
Parties: THE MARITIME UNION OF AUSTRALIA v ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION and COMMONWEALTH OF AUSTRALIA AUSTRALIAN MARITIME OFFICERS' UNION v ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION and COMMONWEALTH OF AUSTRALIA
File number(s): NSD 780 of 2014 NSD 792 of 2014
Judge(s): BUCHANAN J
Date of judgment: 15 September 2014
Catchwords: ADMINISTRATIVE LAW – Definition of offshore resources activity in s 9A of the Migration Act 1958 (Cth) supplying content to the meaning of the migration zone – where exceptions and additions to the effect of the definition may be made by Determination – Determination made under s 9A(6) – where Determination affects the operation of definitions provided by s 9A –Determination which excepts the full content of the definition – whether Determination valid – whether Determination in substance the same as an earlier disallowed regulation and not valid if made within six months of disallowance within the meaning of s 48 of the Legislative Instruments Act 2003 (Cth)
Legislation: Acts Interpretation Act 1901 (Cth), ss 11B(1), 49(1) Conciliation and Arbitration Act 1904 (Cth), ss 31, 113, 113(3) Constitution, s 73 Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Legislative Instruments Act 2003 (Cth), s 48 Migration Act 1958 (Cth), ss 4, 5(1), 5(10)-(14), 8, 9, 9A, 9A(1), 9A(5), 9A(5)(a), 9A(5)(b), 9A(5)(c), 9A(6), 9A(7), 9A(8), 13, 13(1), 5(13)(b), 14, 14(1), 29(1) 41(2B), 41(2B)(b), 41(2C) Migration Amendment (Offshore Resources Activity) Act 2013 (Cth), s 2 Migration Amendment (Offshore Resources Activity) Regulation 2014 (Cth) Offshore Minerals Act 1994 (Cth) Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) Serious and Organised Crime (Control) Act 2008 (SA), s 14(1) Shop Trading Hours Act 1977 (SA), ss 5, 13, 14 State Authorities Superannuation Act 1987 (NSW), s 46(1)(f), Sch 2 Assistant Minister for Immigration and Border Protection (Cth), Determination, IMMI 14/077, 17 July 2014
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