Granite Arms v Chief Executive Officer of Customs [2003] FCA 506

FEDERAL COURT OF AUSTRALIA

Granite Arms v Chief Executive Officer of Customs [2003] FCA 506

TRADE AND COMMERCE – whether the word "importer" in clause 4.1 of Part 1 of Schedule 6 of the Customs (Prohibited Import) Regulations 1956 (Cth) should be construed to mean the owner at law – whether an agent of the beneficial owner of goods can be the importer of the goods for the purposes of that clause. Administrative Decisions (Judicial Review) Act 1977 (Cth) Customs Act 1901 (Cth) ss 4, 50, 51, 183UA, 203B, 205, 205B, 205C, 205D, 229 Customs (Tariff) Act 1982 (Cth) Trade Practices Act 1974 (Cth) s 47A Weapons Act 1990 (Qld) s 7 Customs (Prohibited Import) Regulations 1956 (Cth) Schedule 2 item 9, Schedule 6 Part 1 cl 4.1 Weapons Regulation 1996 (Qld) s 73 Project Blue Sky v ABA (1998) 194 CLR 355 cited R v Bull (1974) 131 CLR 203 followed Wilson v Chambers (1925-26) 38 CLR 131 followed Collector of Customs (NSW) v Darch (1990) 98 ALR 225 applied ACE Customs Services Pty Ltd v Collector of Customs (NSW) (1991) 104 ALR 463 applied Macquarie Dictionary, 3rd edition GRANITE ARMS PTY LIMITED (ACN 006 551 748) and OMEO WAY PTY LIMITED (ACN 050 415 355) v THE CHIEF EXECUTIVE OFFICER OF CUSTOMS No Q 66 of 2001 SPENDER J BRISBANE 23 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 66 OF 2001

BETWEEN: GRANITE ARMS PTY LIMITED (ACN 006 551 748)

FIRST APPLICANT/FIRST CROSS RESPONDENT

OMEO WAY PTY LIMITED (ACN 050 415 355)

SECOND APPLICANT/SECOND CROSS RESPONDENT

AND: THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

RESPONDENT/CROSS CLAIMANT

JUDGE: SPENDER J

DATE OF ORDER: 23 MAY 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The cross claim is dismissed. 2. The cross claimant pay the cross respondents their costs of and incidental to the cross claim, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.