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WEEK 7: CH 10- Extended Ultra Vires: Refusal To Exercise A Discretion
LAWS 3081 - Administrative Law
1 Found helpful • 7 Pages • Topic Notes • Year: Pre-2021 • Previously uploaded under: 200013 - Administrative Law
7) ACTING UNDER DICTATION ADJR Act ss5 (1) (e) and 6(2) (e), coupled with ss5 (2) (e) and 6(1) (e) = provide for review of exercises of administrative decision making power, which is “an exercise of a personal discretionary power at the discretion or behest of another person” o Where a statute invests a discretionary power in an individual office holder or body, they must actually exercise that discretion according to the circumstances of the case, and not be bound by the direction of anyone else, including a superior body or minister. R v Anderson; Ex parte Ipec-Air Pty Ltd (1965): clash b/w govt’s two airline policy and a discretionary power vested in the Director General of Civil Aviation to issue charter licenses and grant permission to import the necessary aircraft o DG rejected its application under the Air Navigation Regulations (Cth), and also refused permission for it to import aircraft under the Customs (Prohibited Imports) Regulations (Cth) o he commented that he had taken into account
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