Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rio Tinto Aluminium (Bell Bay) Limited v Assistant Minister for Science and Parliamentary Secretary to the Minister for Industry, Innovation and Science [2016] FCA 681 File number: NSD 1730 of 2015
Judge: ROBERTSON J
Date of judgment: 10 June 2016
Catchwords: ADMINISTRATIVE LAW – judicial review – Part XVB of Customs Act 1901 (Cth) – countervailing duties – certain silicon metal exported from the People's Republic of China to Australia – whether Minister was satisfied that a countervailable subsidy had actually been received – whether Minister erred in stating that it was reasonable to assume that an uncooperative exporter may be able to access all the national subsidy programs identified and all the regional programs in a particular region – whether the Minister transgressed the legal bounds of reasonableness by adopting such an assumption – standard of scrutiny of reasons TAXATION – Customs and Excise – countervailing duties – certain silicon metal exported from the People's Republic of China to Australia – judicial review – whether Minister was satisfied that a countervailable subsidy had actually been received – whether Minister erred in stating that it was reasonable to assume that an uncooperative exporter may be able to access all the national subsidy programs identified and all the regional programs in a particular region – whether the Minister transgressed the legal bounds of reasonableness by adopting such an assumption – standard of scrutiny of reasons
Legislation: Customs Act 1901 (Cth) ss 269T, 269TAACA, 269TJ, 269ZZM Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 10
Cases cited: East Melbourne Group Inc v Minister for Planning [2008] VSCA 217; 23 VR 605 Gamble v Emerald Hill Electrical Pty Ltd [2012] VSCA 322; 38 VR 45 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 327 ALR 8
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