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Notice given 20 December 2006

2953  Senator Bob Brown: To ask the Minister for Justice and Customs—With reference to the finding of the Federal Court of Australia (FCA) in Eberle vs Chief Executive Officer of Customs (N 2504 of 2003), where the FCA ordered that the appeal be upheld and that the decision of the Administrative Appeals Tribunal (AAT) given on 21 November 2003 be set aside:

(1) Was an error made by the AAT in its original finding; if so, what was the error.

(2) What error, if any, was made by the Australian Customs Service.