Howard and Minister for Infrastructure, Transport and Regional Development

This matter concerned an application by Mr Howard to import a motor vehicle into Australia. Mr Howard sought to import a Ford Mustang, which he contended was manufactured before 1 January 1989, thereby qualifying for import under regulation 17 of the relevant regulations. The Minister for Infrastructure, Transport and Regional Development refused the application, asserting that the vehicle did not meet the pre-1989 manufacture criteria. The Administrative Appeals Tribunal was required to determine whether the vehicle qualified for import under the pre-1989 provision or, alternatively, whether the Minister's discretion to approve the import should be exercised in Mr Howard's favour.

The Tribunal considered the meaning of "manufactured" in the context of regulation 17. Mr Howard accepted that the vehicle was a newly manufactured car, built between 2016 and 2019, using a chassis from a 1968 Ford Mustang but with all other components being new. The Tribunal found that the vehicle was not a restoration of an original 1968 vehicle but rather a new build, and therefore did not meet the criteria for being manufactured before 1 January 1989. The Tribunal then examined whether to exercise the general discretion to approve the import, considering factors such as the policy objectives of the Act, potential unfairness, financial hardship, uniqueness of the vehicle, and any unpredictable events.

The Tribunal concluded that the policy objectives of controlling emissions and promoting energy saving were not met by importing a vehicle with a large V8 engine. It found no unfairness or injustice to Mr Howard, as he had access to information regarding the import requirements. No evidence of financial hardship was presented, and the vehicle was not considered unique in the context of being an original 1968 model. The Tribunal also noted that the relevant laws had been in place since 2005, refuting any claim of unexpected legal changes. Consequently, the Tribunal found no cogent reasons to exercise the discretion in Mr Howard's favour. The decision to refuse the application to import the motor vehicle was affirmed.