Shoppr Network Pty Ltd and Australian Trade and Investment Commission

Shoppr Network Pty Ltd and the Australian Trade and Investment Commission were parties before the Administrative Appeals Tribunal concerning Shoppr Network's eligibility for export market development grants. The core of the dispute revolved around the Commission's decision to refuse Shoppr Network's application for these grants.

The Tribunal was required to determine whether the Commission's decision to refuse the grants was correct, specifically in light of a significant change in the review emphasis applied by the Commission. This involved considering whether the Tribunal had the power to remit the matter back to the Commission for reconsideration under section 42D of the Administrative Appeals Tribunal Act 1975 (Cth).

The Tribunal found that there had been a significant change in the review emphasis by the Commission, which warranted reconsideration of Shoppr Network's application. Applying section 42D of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal determined that it had the power to remit the matter. The Tribunal concluded that the Commission's original decision was affected by this change in emphasis and that it was appropriate to remit the application back to the Commission for further assessment.

The Tribunal remitted the application for export market development grants to the Australian Trade and Investment Commission for reconsideration in accordance with the reasons provided.