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Phoenix Institute of Australia Pty Ltd v Commonwealth of Australia [2016] FCA 190

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ADMINISTRATIVE LAW - scheme for payments to be made by the Commonwealth to providers of vocational education and training - determination that advance is to be made - advance payable in monthly instalments - decision to defer payment of instalment - mistaken reliance on incorrect delegation - whether decision invalid or of no effect STATUTORY INTERPRETATION - scheme for payments to be made by the Commonwealth to providers of vocational education and training - amounts to be paid at such times as the Secretary determines - whether power extends to deferral of a particular payment to a particular provider - Secretary may determine that an advance is to be made to a provider - whether determination gives rise to an obligation to pay

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