The idea is that from day to day, agencies interpret the Acts that govern them in order to correctly give them effect. When someone challenges an agency, a US Court presumes in the first instance the agency's interpretation is correct because they are the experts in its administration.
An Australian court does not make that presumption.
It's a big deal because if you go to court against a US agency over the content of its relevant laws, you have to overcome that presumption. In practice that gives US agencies de facto interpretive powers that Australian agencies don't usually have.
An Australian court does not make that presumption.
It's a big deal because if you go to court against a US agency over the content of its relevant laws, you have to overcome that presumption. In practice that gives US agencies de facto interpretive powers that Australian agencies don't usually have.
IANAL, TINLA.