Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chief Executive Officer of Customs v Jiang [2001] FCA 145
CUSTOMS AND EXCISE – prosecution for offences against Customs Act 1901 (Cth) – determination of preliminary question – whether civil or criminal proceeding – whether "a prosecution for an offence against a law of the Commonwealth" – whether application to review decision to issue search warrants under s 198 of Customs Act 1901 (Cth) "a related criminal justice process decision" – construction of s 9A of Administrative Decisions (Judicial Review) Act 1977 (Cth) – construction of ss 39(1B) to (1F) and s 39B(3) of Judiciary Act 1903 (Cth). WORDS & PHRASES – "a prosecution for an offence against a law of the Commonwealth" – "related criminal justice process decision". Customs Act 1901 (Cth) ss 198, 233-236, 244, 245, 247, 261 Jurisdiction of Courts Legislation Amendment Act 2000 (Cth) Sch 2 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 9A, Sch 2 par (e) Judiciary Act 1903 (Cth) ss 39B, 39(1B) to (1F) s 39B(3) Acts Interpretation Act 1901 (Cth) s 15AA Flanagan v Commissioner of the Australian Federal Police (1996) 60 FCR 149 referred to Seymour v Attorney-General (Cth) (1984) 4 FCR 498 at 501-502 referred to Bainbridge-Hawker v The Minister of State for Trade and Customs (1958) 99 CLR 521 at 527-528 referred to Moore v Jack Brabham Holdings Pty Ltd (1986) 7 NSWLR 470 at 482 referred to Jack Brabham Holdings Pty Ltd v Minister for Industry, Technology and Commerce (1988) 85 ALR 640 at 650, 652, 653 referred to Comptroller-General of Customs v D'Aquino Brothers Pty Ltd (1996) 85 A Crim R 517 at 530-531 followed Murphy v KRM Holdings Pty Ltd (1985) 8 FCR 349 at 352-354 followed Second Life Decor Pty Ltd v Comptroller-General of Customs (1994) 53 FCR 78 at 84 referred to JCT Wong & Anor v Kelly (1999) 154 FLR 200 at 209-210 referred to Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2000] QSC 171 at pars 15-25, 73, 74, 90-92, 101 referred to Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 at 321 referred to Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 at 396 referred to
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