Apache Northwest Pty Ltd (ABN 58 009 140 854) v Agostini [2009] FCA 534

Apache Northwest Pty Ltd (ABN 58 009 140 854) v Agostini [2009] FCA 534

The disclosure by the State of information obtained from the applicants under compulsory statutory powers (s 63 of the Petroleum Pipelines Act 1969 (WA)) to the 2009 joint Commonwealth/State Inquiry was not 'for the purposes of the Act and Regulations' as required by s 63, since the purposes of the 2009 Inquiry went substantially beyond the purposes of the 1969 State Act. The statutory purpose for which confidential information is obtained limits its lawful use and disclosure.

Parties
Applicant: Apache Northwest Pty Ltd; Applicant: Apache Energy Ltd; First Respondents: David Agostini and Kym Bills (in their capacity as Panel Members of the Offshore Petroleum Regulatory Inquiry); Second Respondent: The State of Western Australia
Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Application for Injunction / Judicial Review / Determination of Preliminary Question Before Final Hearing
Outcome
Preliminary question answered: No—the information was not disclosed for the purposes of the 1969 State Act; Court to hear parties as to further or other relief.
Legal Topics
Statutory Construction—purpose of Statute and Use of Compulsorily Acquired Information, Petroleum Pipelines Act 1969 (wa), Disclosure of Information by State to Joint Inquiry, Confidentiality and Use of Compulsorily Acquired Information, Rule of Law—procedural Fairness
Administrative Law Statutory Interpretation Energy Law Statutory Construction—purpose of Statute and Use of Compulsorily Acquired Information Petroleum Pipelines Act 1969 (wa) Disclosure of Information by State to Joint Inquiry Confidentiality and Use of Compulsorily Acquired Information Rule of Law—procedural Fairness

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Parties

Apache Northwest Pty Ltd

Applicant

Apache Energy Ltd

Applicant

David Agostini and Kym Bills (in their capacity as Panel Members of the Offshore Petroleum Regulatory Inquiry)

First Respondents

The State of Western Australia

Second Respondent

Procedural Posture

Application for Injunction / Judicial Review / Determination of Preliminary Question Before Final Hearing

Legal Issues

  1. 1 Whether the disclosure by officers of the State to the Panel, for the purposes of the 2009 Inquiry, of documents provided under s 63 of the Petroleum Pipelines Act 1969 (WA) was 'for the purposes of the 1969 State Act and the Regulations' within the meaning of s 63 of that Act

Ratio Decidendi

The disclosure by the State of information obtained from the applicants under compulsory statutory powers (s 63 of the Petroleum Pipelines Act 1969 (WA)) to the 2009 joint Commonwealth/State Inquiry was not 'for the purposes of the Act and Regulations' as required by s 63, since the purposes of the 2009 Inquiry went substantially beyond the purposes of the 1969 State Act. The statutory purpose for which confidential information is obtained limits its lawful use and disclosure.

Court Disposition

Preliminary question answered: No—the information was not disclosed for the purposes of the 1969 State Act; Court to hear parties as to further or other relief.

Orders

  • The answer to the preliminary question is no.
  • I will hear the parties in relation to further or other relief.