Tigers Realm Coal Limited v Commonwealth of Australia [2024] FCA 340

Federal Court of Australia

Tigers Realm Coal Limited v Commonwealth of Australia [2024] FCA 340 File number: ACD 37 of 2023

Judgment of: KENNETT J

Date of judgment: 9 April 2024

Catchwords: STATUTORY INTERPRETATION – meaning of 'transport' in reg 4A(1)(a)(ii) of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations) – where reg 12A(1) prohibits the transport of Russian coal – where engaging in conduct that contravenes reg 12A(1) may constitute an offence against s 16 of the Autonomous Sanctions Act 2011 (Cth) (the Act) – whether 'transport' includes the movement of coal within Russia for the purpose of preparing to export it from Russia – whether 'transport' includes carriage by truck of coal from mine site in Russia to a port for the purpose of export – whether 'transport' includes loading coal on to independently-owned vessels for export ADMINISTRATIVE LAW – whether reg 4A(1)(a)(ii) of the Regulations exceeds the regulation-making power conferred by the Act HIGH COURT AND FEDERAL COURT – where applicant seeks declaration about whether its conduct complies with legislative requirements – where no official action has been taken to put its compliance in issue – where Commonwealth has indicated to the applicant its view that conduct contravenes legislative requirements – whether dispute is a 'matter' within the meaning of Ch III of the Constitution – whether the Court has jurisdiction to grant declaratory relief

Legislation: Constitution ss 75, 76 Acts Interpretation Act 1901 (Cth) s 21 Autonomous Sanctions Act 2011 (Cth) ss 3, 10, 11, 14, 16, 28 Criminal Codes ss 5.4, 5.6, 6.1, 15.1 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) ss 19, 21 Judiciary Act 1903 (Cth), s 39B Legislation Act 2003 (Cth) s 13 Trade Practices Act 1974 (Cth) (repealed) s 163A Autonomous Sanctions (Import Sanctioned Goods—Russia) Designation 2022 (Cth) Autonomous Sanctions (Sanction Law) Declaration 2012 (Cth) Autonomous Sanctions Amendment Regulation 2012 (No 1) (Cth) Autonomous Sanctions Regulations 2011 (Cth) rr 4, 4A, 5, 12, 12A, 13, 13A, 14, 15, 16, 18 Autonomous Sanctions (Import Sanctioned Goods – Russia) Designation 2022 (Cth) Explanatory Statement Autonomous Sanctions Amendment (Russia, Crimea and Sevastopol) Regulation 2015, Select Legislative Instrument 2015 No. 30 (Cth) Explanatory Statement Autonomous Sanctions Amendment Regulation 2012 (No 1), Select Legislative Instrument 2012 No. 204 (Cth) Explanatory Statement Autonomous Sanctions Amendment Regulation 2013 (No. 1), Select Legislative Instrument 2013 No. 198 (Cth) Explanatory Statement Autonomous Sanctions Regulations 2011, Select Legislative Instrument 2011 No. 247 (Cth) Explanatory Statement Commonwealth, Parliamentary Debates, House of Representatives, 26 May 2010, 4113 (Stephen Smith, Minister for Foreign Affairs)