Hanson v Commonwealth Director of Quarantine [1984] FCA 490

supawent No, AAO. 34

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IN THE FEDERAL, COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY ) No. G.357 of 1984 , )

GENERAL DIVISION )

BETWEEN : JOHN EDWARD HANSON & ANOR

Applicants

AND: COMMONWEALTH DIRECTOR OF QUARANTINE & ORS

Respondents

REASONS FOR JUDGMENT

CORAM: WILCOX J DATE: 12 OCTOBER 1984 PLACE: SYDNEY

This is the hearing of an interlocutory application.

The matter arises under the Administrative Decisions (Judicial

Review) Act 1977. Shortly, the history of the matter is that on Wednesday of this week officers of the Department of Quarantine carried out an inspection at a property of the applicants at Wyong in which the applicants kept some 500 pigeons together with other birds. The applicants carry on a business of a pigeon stud

and have done so for many years.

The inspection of the property was apparently one of several which took place on the same day and which was caused by concern about outbreaks overseas, in recent months, of a disease known as Newcastle disease. The disease apparently gets its name

from the fact that it was first detected in Newcastle in England

in 1926. Apart from one outbreak in 1932. there has not been any

known incidence of the disease in Australia at any time. The quarantine authorities are concerned to avoid contamination of Australian birds, and particularly poultry in relation to which the disease is apparently of particular concern. For that reason

the disease has been proclaimed as a quarantinable disease under

the Quarantine Act.

The inspection of the applicants' property resulted from the fact that in a magazine published in August and known as "Australian Pigeon", which came to the attention of the quarantine authorities in mid September, reference was made to the fact that the applicants' stud had what were described as genuine Dordins and genuine Cattrysse. These are apparently varieties of pigeons which were developed in Europe. The effect of the Quarantine Act, and a proclamation made thereunder, is that no birds may be imported into Australia, except with the consent of the Minister. This has been the position since 1975.