Wiseway Logistics Pty Ltd and Secretary Department of Home Affairs

The Administrative Appeals Tribunal considered a request by Wiseway Logistics Pty Ltd (the applicant) to issue summonses to the Australian Postal Corporation (Australia Post) and MSS Security Pty Limited (MSS). The dispute arose from the delegate of the Secretary of the Department of Home Affairs' refusal to renew Wiseway's designation as a Regulated Air Cargo Agent (RACA), citing concerns about Wiseway's compliance and its impact on aviation security. Wiseway sought review of this decision and, in interlocutory proceedings, requested the Tribunal to exercise its discretion under subsection 40A(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth) to issue summonses for documents from Australia Post.

The Tribunal was required to determine whether the documents sought from Australia Post were relevant to the substantive issues in the review proceedings and whether it should exercise its discretion under subsection 40A(2) of the *AAT Act* to refuse the applicant's request. The applicant contended that the requested documents would shed light on concepts such as "industry norms," "security culture," and "RACA compliance culture," which it argued were central to the respondent's case and formed the basis of Mr Beaven's experience. Wiseway sought to challenge these concepts by examining Mr Beaven's experiences and management of MSS, particularly in relation to Australia Post.

The Tribunal reasoned that the core issue for determination was Wiseway's compliance with the Regulations and whether its RACA designation should be renewed, which is fundamentally about safeguarding aviation. It found that the compliance history of Australia Post and its management of contracts with its own service providers were not issues in dispute. The Tribunal concluded that comparisons to the practices of other RACAs, including Australia Post, offered little assistance, as the primary concern was Wiseway's management of its contract with MSS. Consequently, the Tribunal was not convinced that the documents sought were sufficiently relevant to shed light on the principal issues in dispute, noting that Australia Post was not a party to the proceedings and its contractual arrangements were distinct from Wiseway's obligations.

The Tribunal refused the applicant's request to issue the summonses to Australia Post.