Civil Aviation Safety Authority v Marsh [2014] FCA 1253

FEDERAL COURT OF AUSTRALIA

Civil Aviation Safety Authority v Marsh [2014] FCA 1253 Citation: Civil Aviation Safety Authority v Marsh [2014] FCA 1253

Parties: CIVIL AVIATION SAFETY AUTHORITY v KYLE MARSH

File number: QUD 719 of 2013

Judge: COLLIER J

Date of judgment: 21 November 2014

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – s 44 Administrative Appeals Tribunal Act 1975 (Cth) – flight theory examination toward pilot licence conducted by Civil Aviation Safety Authority ("CASA") – respondent undertook and passed examination – respondent received and provided to another person coded answers to examination questions designed to look like material permitted in examination – Tribunal found respondent did not personally use coded answers in examination – Tribunal set aside decision of CASA delegate finding respondent contravened reg 298A(1)(c)(iii) Civil Aviation Regulations 1998 (Cth) – Tribunal set aside CASA delegate finding that respondent not a fit and proper person to hold licence – reg 269(1)(d) – whether Tribunal erred in failing to find respondent contravened reg 298A(1)(c)(iii) – whether Tribunal erred in failing to find respondent contravened reg 298A(1)(e) – whether Tribunal erred in failing to find respondent not a fit and proper person STATUTORY INTERPRETATION – whether "the examination" in reg 298A(1)(c)(iii) Civil Aviation Regulations 1998 (Cth) refers only to sitting of examination undertaken by alleged contravener – approach to interpreting legislation – Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 – s 15AA Acts Interpretation Act 1901 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Civil Aviation Act 1988 (Cth) s 9A Legislative Instruments Act 2003 (Cth) s 13 Civil Aviation Regulations 1988 (Cth) regs 269(1), 269(1)(c), 269(1)(d), 298A(1), 298A(1)(a), 298A(b), 298A(1)(c), 298A(1)(c)(i), 298A(1)(c)(ii), 298A(1)(c)(iii), 298A(1)(d), 298A(1)(e), 298A(1)(f), 298A(1)(f)(iii), 298A(4), 298A(8)