FEDERAL COURT OF AUSTRALIA
STATUTORY INTERPRETATION – Whether registration with the Industry Research and Development Board under s 39J Industry Research and Development Act 1986 (Cth) in November 1996 is vitiated by the Industry Research and Development Amendment Act 1996 – objects of the Acts – retrospective effect of the Industry Research and Development Amendment Act 1996 – application of principles of statutory interpretation
Industry Research and Development Act 1986 (Cth) ss 3, 39J
Industry Research and Development Amendment Act 1996 (Cth) s 2
Income Tax Assessment Act 1936 (Cth) s 73B(10)
Acts Interpretation Act 1901 (Cth) ss 8, 15AA
Lauri v Renad [1892] 3 Ch 402 cited
Reid v Reid (1886) 31 Ch D 402 – followed
Coleman v The Shell Company of Australia Limited (1943) 45 SR (NSW) 27 – cited
Commonwealth of Australia v ACI Operations Pty Limited [1998] HCA 20 – cited
Zainal bin Hashim v Government of Malaysia [1980] AC 734 – cited
Wijesuriya v Amit [1966] AC 372 followed
BORAL WINDOWS AND ORS v
INDUSTRY RESEARCH & DEVELOPMENT BOARD AND ORS
NG 704 of 1996
HILL J
SYDNEY
6 MAY 1998
GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 704 of 1996
BETWEEN:
BORAL WINDOWS PTY LIMITED (ACN 004 223 009)
FIRST APPLICANTGAS CORPORATION OF QUEENSLAND LIMITED
(ACN 009 760 883)
SECOND APPLICANTALLEN TAYLOR & COMPANY LIMITED (ACN 000 003 056)
THIRD APPLICANTAND:
INDUSTRY RESEARCH & DEVELOPMENT BOARD
FIRST RESPONDENTTHE TAX CONCESSION COMMITTEE
SECOND RESPONDENTTHE SECRETARY, DEPARTMENT OF INDUSTRY SCIENCE
& TOURISM
THIRD RESPONDENTCOMMONWEALTH OF AUSTRALIA
FOURTH RESPONDENTJUDGE:
HILL J
DATE OF ORDER:
6 MAY 1998
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
The question reserved for decision:
“Whether the Second Applicant’s registration under Section 39J, as communicated by letter dated 25 November 1996, is vitiated by the Industry Research and Development Amendment Act 1996”
be answered in the affirmative.
The Second Applicant to pay the Respondent’s costs of the separate issue reserved by the Court.
NEW SOUTH WALES DISTRICT REGISTRY
NG 704 of 1996
BETWEEN:
BORAL WINDOWS PTY LIMITED (ACN 004 223 009)
FIRST APPLICANTGAS CORPORATION OF QUEENSLAND LIMITED
(ACN 009 760 883)
SECOND APPLICANTALLEN TAYLOR & COMPANY LIMITED (CAN 000 003 056)
THIRD APPLICANTAND:
INDUSTRY RESEARCH & DEVELOPMENT BOARD
FIRST RESPONDENTTHE TAX CONCESSION COMMITTEE
SECOND RESPONDENTTHE SECRETARY, DEPARTMENT OF INDUSTRY SCIENCE
& TOURISM
THIRD RESPONDENTCOMMONWEALTH OF AUSTRALIA
FOURTH RESPONDENT
JUDGE:
HILL J
DATE:
6 MAY 1998
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Gas Corporation of Queensland Limited (“Gas Corp”) is the second of three applicants who seek judicial review relying upon the Administrative Decisions (Judicial Review) Act 1977 together with consequential relief. It is claimed that the First Respondent, Industry Research and Development Board and the Second Respondent, Tax Concession Committee failed to determine the application by Gas Corp for registration under Part IIIA of the Industry Research and Development Act 1986, (the “1986 IRD Act”) in respect of the year of…
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- Case
- [1998] FCA 455
- Decision Date
CaseChat Overview and Summary
The court conducted a detailed analysis of the statutory framework and the legislative amendments in question. The judge concluded that the legislative changes introduced by the Industry Research and Development Amendment Act 1996 did indeed affect the validity of the registration held by the Second Applicant. The court found that the registration was not consistent with the new legislative requirements, thereby rendering it void. The judge also emphasised that the Second Applicant had not demonstrated that it had taken all reasonable steps to comply with the new legislative framework, further supporting the conclusion that the registration was invalid.
The court answered the reserved question in the affirmative, declaring that the Second Applicant’s registration under section 39J was indeed vitiated by the legislative amendments. Additionally, the court ordered the Second Applicant to pay the Respondent’s costs associated with the separate issue that had been reserved by the Court. The final orders were consistent with the court’s findings, providing clarity on the validity of the registration and the financial consequences for the Second Applicant.
Orders
Orders of the court
1.
The question reserved for decision:
“Whether the Second Applicant’s registration under Section 39J, as communicated by letter dated 25 November 1996, is vitiated by the Industry Research and Development Amendment Act 1996”
be answered in the affirmative.
2.
The Second Applicant to pay the Respondent’s costs of the separate issue reserved by the Court.
NEW SOUTH WALES DISTRICT REGISTRY
NG 704 of 1996
BETWEEN:
BORAL WINDOWS PTY LIMITED (ACN 004 223 009)
FIRST APPLICANT
GAS CORPORATION OF QUEENSLAND LIMITED
(ACN 009 760 883)
SECOND APPLICANT
ALLEN TAYLOR & COMPANY LIMITED (CAN 000 003 056)
THIRD APPLICANT
AND:
INDUSTRY RESEARCH & DEVELOPMENT BOARD
FIRST RESPONDENT
THE TAX CONCESSION COMMITTEE
SECOND RESPONDENT
THE SECRETARY, DEPARTMENT OF INDUSTRY SCIENCE
& TOURISM
THIRD RESPONDENT
COMMONWEALTH OF AUSTRALIA
FOURTH RESPONDENT
JUDGE:
HILL J
DATE:
6 MAY 1998
PLACE:
SYDNEY
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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