Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Tao [2024] FCA 292

FEDERAL COURT OF AUSTRALIA

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Tao [2024] FCA 292 File number(s): VID 617 of 2021

Judgment of: ANDERSON J

Date of judgment: 26 March 2024

Catchwords: MIGRATION – Minister application for civil penalty orders – it is agreed that first respondent contravened s 245AS(1) Migration Act 1958 (Cth) – it is agreed that second and third respondents separately contravened s 245AR(1) of the Act by accepting the money from the first respondent – penalty and declarations jointly sought – penalty imposed and declarations made

Legislation: Crimes Act 1914 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth)

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2017) 258 FCR 312 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union (2007) ATPR 42-140 Australian Competition and Consumer Commission v Econovite Pty Ltd [2003] FCA 964 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd (2016) 243 FCR 392 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Securities and Investments Commission v AMP Financial Planning Pty Ltd (No 2) (2020) 377 ALR 55 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2023] FCA 256 Australian Securities and Investments Commission v Axis International Management Pty Ltd (2009) 178 FCR 485 Australian Securities and Investments Commission v Commonwealth Bank of Australia (2018) 128 ACSR 289 Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 790 Australian Securities and Investments Commission v GetSwift Ltd [2023] FCA 100 Australian Securities and Investments Commission v Healey (No 2) (2011) 196 FCR 430 Australian Securities and Investments Commission v Mitchell (No 3) (2020) 148 ACSR 630 Australian Securities and Investments Commission v MLC Nominees (2020) 147 ACSR 266 Australian Securities and Investments Commission v MobiSuper Pty Ltd [2021] FCA 855 Australian Securities and Investments Commission v Westpac Banking Corporation [2019] FCA 2147 Australian Securities and Investments Commission v Westpac Banking Corporation (2022) 158 ACSR 647 Barbaro v The Queen (2014) 253 CLR 58 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (2023) 297 FCR 438 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Hili v The Queen (2010) 242 CLR 520 Lacey v Attorney-General (Qld) (2011) 242 CLR 573 Markarian v The Queen, (2005) 228 CLR 357 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24