Whalley and Minister for Infrastructure, Transport and Regional Development

This matter concerned an application by Mr Whalley to the Minister for approval to import a motor vehicle into Australia under regulation 13 of the relevant Regulations. Mr Whalley had initially applied stating he purchased the vehicle for himself, but later amended his application to state his mother had purchased it as a gift due to her serious cancer diagnosis. The Minister refused the application, and Mr Whalley sought review of this decision.

The primary legal issues before the court were whether the criteria for a discretionary approval under regulation 13 were met, and if not, whether the general discretion under regulation 11 should be exercised in Mr Whalley's favour. Specifically, the court had to determine if the ownership requirements of regulation 13 were satisfied, and if the policy objectives of the Act and Regulations would be undermined by allowing the importation under the general discretion.

The court found that the requirements of regulation 13 were not met. While the sales invoice initially suggested Mr Whalley was the purchaser, a closer reading indicated his mother was the customer, thus creating doubt about ownership as required by the regulation. Furthermore, Mr Whalley, an Australian citizen who had resided in Australia since 2005, did not meet the underlying policy of regulation 13, which is intended for individuals who purchase a vehicle overseas, own it for a significant period before moving to Australia, and have used it for transport. The court also considered the general discretion under regulation 11, noting that while it is unfettered, the exercise of this discretion should have regard to the subject matter, scope, and purpose of the Act, which prioritises road safety and environmental quality.

The court affirmed the Minister's decision, concluding that the criteria for regulation 13 were not satisfied and that there were no grounds for exercising the general discretion under regulation 11.