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Australian Firearms and Munitions Pty Ltd V Attorney-generalFederal Court of Australia
Judgment Date:
2018-09-21
Abstract:
The Federal Court of Australia (FCA) has dismissed Australian Firearms and Munitions Pty Ltd's application for a judicial review holding that (CTH) Customs (Prohibited Imports) Regulations 1956 lacked the express provision that would allow respondent to make general decision about classification of firearms. FCA ruled that any decision made by the respondent's delegate was not one that was authorized, therefore, respondent's delegate's communication was not binding as to any decision that might be made in the future concerning whether firearm was a prohibited import. The decision made by respondent's delegate was considered as amounting to an advisory opinion.
Administrative law | Judicial review | Federal Circuit Court of Australia | Absence of jurisdiction
Published:
8/10/2018
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