LEE and COMMISSIONER OF STATE REVENUE [2007] WASAT 271 (17 August 2007)

17 That case, amongst many that might be capable of being produced, suggests that where a rule as to time is clearly laid down in an act of Parliament, then at common law there cannot be an extension of that limitation. The Tribunal has had regard to the discussion of a unanimous High Court decision at 507 - 508. To adapt the words of Windeyer J from another case, Australian Iron and Steel Ltd v Hoogland [1962] HCA 13; (1962) 108 CLR 471, cited by their Honours:

19 More relevantly, the Tribunal drew the parties' attention to Re Elmore Quest Pty Ltd (in liq) and Department of Health and Ageing [2006] AATA 489; (2006) 43 AAR 127, which is a decision of the Commonwealth Administrative Appeals Tribunal (AAT). In that case, Deputy President Forgie had to consider whether the AAT had jurisdiction to review an application lodged out of time in respect of certain decisions made under the National Health Act 1953 (Cth).

23 Deputy President Forgie discusses Project Blue Sky Inc & Ors and the Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355, at 139, to the effect that there may, in some circumstances, be situations where one could read into legislation the possibility of receiving a late application by not reading the relevant Act as requiring strict compliance within a specified time period.

(1998) 194 CLR 355

(1999) 197 CLR 501

(1962) 108 CLR 471