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ARTICLE · 28 SEPTEMBER 2009

Challenge To Validity Of Delegated Legislation Fails

Norton Rose Fulbright Australia
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In “Lamason v Australian Fisheries Management Authority” [2009] FCA 245, the Federal Court of Australia considered a challenge to the validity of a provision of a Commonwealth legislative instrument, the “Eastern Tuna and Billfish Fishery Management Plan 2005” (the Plan).

AustraliaGovernment, Public Sector
Dean Kambovski
Dean Kambovski
Ann Dornau
Ann Dornau
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In Lamason v Australian Fisheries Management Authority [2009] FCA 245, the Federal Court of Australia considered a challenge to the validity of a provision of a Commonwealth legislative instrument, the Eastern Tuna and Billfish Fishery Management Plan 2005 (the Plan).

Background

The Eastern Tuna and Billfish Fishery is one of a number of fisheries managed by the Australian Fisheries Management Authority (AFMA). The Federal Court challenge concerned one aspect of a new management regime, introduced through the Plan, which effected a transition from regulating the take of certain species in the fishery by a system of annual fishing permits to a system based on Statutory Fishing Rights (SFRs).

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