Asia Pacific Transport Pty Limited [2003] ACompT 1

Asia Pacific Transport Pty Limited [2003] ACompT 1

Because no party placed material before the Tribunal, no other person exhibited interest in the proceedings, and the National Competition Council did not seek to uphold the declaration, the Tribunal was not affirmatively satisfied of the matters required by s 44H(4) of the Trade Practices Act 1974 (Cth). In those circumstances, the Minister's declaration had to be set aside.

Jurisdiction
Australia
Judgment Date
10 March 2003
Procedural Posture
Application for Review of the Declaration of a Service Under Part IIIA of the Trade Practices Act 1974 (cth) / Determination After Hearing
Outcome
The declaration made by the designated Minister was set aside.
Legal Topics
['declared Services' 'rail Track Access' 'part IIIA Access Regime' "review of Designated Minister's Declaration" 'probative Material Before Tribunal']
['competition Law' 'administrative Review'] ['declared Services' 'rail Track Access' 'part IIIA Access Regime' "review of Designated Minister's Declaration" 'probative Material Before Tribunal']

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Procedural Posture

Application for Review of the Declaration of a Service Under Part IIIA of the Trade Practices Act 1974 (cth) / Determination After Hearing

Legal Issues

  1. 1 ["Whether the Tribunal should affirm or set aside the designated Minister's declaration of the Wirrida to Tarcoola rail track service when no party placed material before the Tribunal." 'Whether the Tribunal was affirmatively satisfied of the matters in s 44H(4) of the Trade Practices Act 1974 (Cth).']

Ratio Decidendi

Because no party placed material before the Tribunal, no other person exhibited interest in the proceedings, and the National Competition Council did not seek to uphold the declaration, the Tribunal was not affirmatively satisfied of the matters required by s 44H(4) of the Trade Practices Act 1974 (Cth). In those circumstances, the Minister's declaration had to be set aside.

Court Disposition

The declaration made by the designated Minister was set aside.

Orders

  • ['The declaration made by the Parliamentary Secretary to the Treasurer published on 4 September 2002 be set aside.']