Puglisi, Joseph & Anor v The Australian Fisheries Management Authority & Ors [1997] FCa 846

FEDERAL COURT OF AUSTRALIA SEARCH WARRANTS - warrants issued under the Fisheries Management Act 1991 and the Crimes Act 1900 - validity - whether execution unlawful - whether goods in possession of police before execution of warrant and physically retained in police car later "seized" in execution of warrant - whether person assisting the execution of a warrant must be authorized in writing - whether goods seized under invalid warrant should be returned. Fisheries Management Act 1991 (Cth), s 86 Crimes Act 1900 (Cth), ss 3C, 3E, 3H, 3K, 10, Part 1AA Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11 Judiciary Act 1903 (Cth), s 39B

George v Rocket (1990) 170 CLR 104, considered and applied. Lego Australia Pty Limited v Paraggio (1994) 52 FCR 542, followed. Commissioner of Taxation v De Vonk (1995) 61 FCR 564, distinguished. Coward v Allan (1984) 52 ALR 320, considered and applied. Ghani v Jones [1970] 1 QB 693, considered. Parker v Churchill (1985) 63 ALR 326, followed. Gollan v Nugent (1988) 166 CLR 18, followed.

JOSEPH PUGLISI & ANOR v THE AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY & ORS NG 412 of 1996 Hill J Sydney 28 August 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 412 of 1996

BETWEEN: JOSEPH PUGLISI

first Applicant

alan mccamish

Second Applicant

AND: THE AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY

First Respondent

THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE

Second Respondent

peter lawrence matthew giffard

Third Respondent

MARK FLETCHER

Fourth Respondent

STEVEN CHURCH

Fifth Respondent

ERROL RICHARD RAISER

Sixth Respondent