Arthur and Minister for Infrastructure and Regional Development

This matter concerned an application by Mr Arthur to import a non-standard vehicle into Australia, which was reviewed by the Administrative Appeals Tribunal. The Minister for Infrastructure and Regional Development opposed the application.

The Tribunal was required to determine whether the discretion to allow the importation of Mr Arthur's vehicle under regulation 11 should be exercised in his favour. This involved considering the factors relevant to the exercise of that discretion, particularly in light of the scheme and policy of the relevant Act.

The Tribunal agreed with the submission that exercising the discretion in Mr Arthur's favour would undermine the scheme and policy of the Act. While acknowledging Mr Arthur's disappointment and the financial disadvantage of having purchased the vehicle, the Tribunal found no suggestion of real financial hardship. The Tribunal noted that financial hardship alone had previously been held insufficient grounds to exercise such discretion. Ultimately, the Tribunal concluded that allowing the importation would effectively grant retrospective approval for permanent import without the required manufacturer's statement of compliance, based on an opinion not contemplated by the legislation. This would open up the scheme in a manner contrary to the strict regulation of vehicle importation in the interests of public safety and undermine the scheme's objectives.

The Tribunal affirmed the decision under review.