Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 Appeal from: Palmanova Pty Ltd v Commonwealth of Australia [2023] FCA 1391
File number(s): NSD 1519 of 2023
Judgment of: BANKS-SMITH, ABRAHAM AND DOWNES JJ
Date of judgment: 5 July 2024
Catchwords: CULTURAL HERITAGE – where "protected object of a foreign country" (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth) (the Act) – whether the Artefact is liable to forfeiture under s 14(1) of the Act STATUTORY INTERPRETATION – proper construction of s 14(1) of the Act – whether export of protected object from the foreign country must have occurred on or after the commencement of the Act in order for it to be liable to forfeiture under s 14(1) of the Act HELD – appeal allowed – protected object liable to forfeiture under s 14(1) of the Act – said object is forfeited
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Criminal Code ch 2 Customs Act 1901 (Cth) Protection of Movable Cultural Heritage Act 1986 (Cth) ss 6A, 14, 34, 37, 41, 46 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, opened for signature 14 November 1970, 823 UNTS 231 arts 1, 6, 7 (entered into force 24 April 1972) Cultural Property Export and Import Act 1975 (Can) s 31
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Director of Public Prosecutions of the Commonwealth of Australia v Keating [2013] HCA 20; (2013) 248 CLR 459 Kline v Official Secretary to the Governor-General [2013] HCA 52; (2013) 249 CLR 645 North Australian Aboriginal Justice Agency Limited v Northern Territory of Australia [2015] HCA 41; (2015) 256 CLR 569 Palmanova Pty Ltd v Commonwealth of Australia [2023] FCA 1391 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Heller, Zango and Kassam (1983) 27 Alta LR (2d) 34 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362
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