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Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71

Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71

ADMINISTRATIVE LAW – whether primary judge erred in finding that a decision of the appellant’s delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that sub-section and should therefore be quashed – where held that s 61(5C) authorised release of information obtained in exercise of appellant’s non-statutory executive capacity to conduct tests and take samples – where held that information released was “therapeutic goods information” within the meaning of s 61(1) of the Act – where held that decision to release information was not unreasonable – appeal allowed

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0071

For more information, see the original judgement.

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