Cavaleri v Department of Trade and Investment, Regional Infrastructure and Services [2013] NSWADT 191

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Cavaleri v Department of Trade and Investment, Regional Infrastructure and Services [2013] NSWADT 191 Hearing dates: 1 February 2013 Decision date: 23 August 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal affirms the decision to refuse Mr Cavaleri a licence to keep crab-eating macaques. Catchwords: Non-Indigenous Animals - refusal of keepers licence - new Regulation made after commencement of application to review - whether the law at the time of the original decision or that in effect now applies - whether Regulation ultra vires of Act Legislation Cited: Acts Interpretation Act 1901 (Cth) Animal Research Act 1985 Exhibited Animals Protection Act 1986 Interpretation Act 1987 Non-Indigenous Animals Act 1987 Non-Indigenous Animals Amendment Act 1996 Non-Indigenous Animals Regulation 1997 Non-Indigenous Animals Regulation 2006 Non-Indigenous Animals Regulation 2012 Cases Cited: Attorney-General (Qld) v Australian Industrial Relations Commission [2002] HCA 42; 213 CLR 485; 76 ALJR 1502; 117 IR 52; 192 ALR 129 Attorney General of New South Wales v World Best Holdings Limited & Ors [2005] NSWCA 261 Azevedo v Secretary, Department of Primary Industries and Energy [1992] FCA 84; (1992) 106 ALR 683; (1992) 15 Aar 213; (1992) 35 FCR 284; (1992) 26 ALD 567 Esber v Commonwealth(1991) 164 CLR 430 Director of Public Works v Ho Po Sang [1961] AC 901 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Duncan v Commissioner of Fair Trading [2008] NSWADT 212 Hicks v Aboriginal Legal Service of Western Australia (2001)185 ALR 689 Kharbanda v Ministry of Transport (No. 2) [2008] NSWADT 203 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands (Consolidation) Act and the Western Lands Act (1988) 14 NSWLR 685 Robertson v City of Nunawading [1973] VR 816 Shanahan v Scott (1957) 96 CLR 245 Sunol v Collier [2012] NSWCA 14 Tan v Commissioner of Police [2003] NSWADT 224 Category: Principal judgment Parties: John Cavaleri (Applicant) Department of Trade and Investment, Regional Infrastructure and Services (Respondent) Representation: Counsel J Hatzistergos (Applicant) JSM Lawyers (Applicant) Crown Solicitors Office (Respondent) File Number(s): 123063