Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eve Hemp Pty Limited v Secretary to the Department of Health [2017] FCA 1051 File number(s): NSD 1048 of 2017
Judge(s): JAGOT J
Date of judgment: 1 September 2017
Catchwords: ADMINISTRATIVE LAW – judicial review – whether the delegate of the Secretary to the Department of Health took irrelevant matters into account in deciding to amend the Poisons Standard of the Therapeutic Goods Act 1989 (Cth)
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Narcotic Drugs Act 1967 (Cth) Therapeutic Goods Act 1989 (Cth) ss 3, 4, 52AA, 52A, 52B, 52CA, 52C, 52D, 52E, 52EC, 57 Therapeutic Goods Amendment (2009 Measures No 2) Act 2009 (Cth) Therapeutic Goods Regulations 1990 (Cth) rr 42ZCZL, 42ZCZQ Single Convention on Narcotic Drugs, 30 March 1961, New York, [1967] ATS 31, (entered into force for Australia 31 December 1967)
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Roche Products Pty Ltd v National Drugs and Poisons Schedule Committee [2007] FCA 1352; (2007) 163 FCR 45
Date of hearing: 28 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 53
Counsel for the Applicants: JK Kirk SC and CG Winnett
Solicitor for the Applicants: Mills Oakley
Counsel for the Respondent: S Lloyd SC and J Edwards
Solicitor for the Respondent: DLA Piper
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