Federal Court of Australia
Federal Court of Australia
Director of Biosecurity v Chi [2024] FCA 388 File number(s): VID 778 of 2021
Judgment of: MCELWAINE J
Date of judgment: 19 April 2024
Catchwords: ADMINISTRATIVE LAW – application for declarations and penalties for breach of the Biosecurity Act 2015 (Cth) – where respondents were intercepted when importing live fish into Australia for commercial gain – where respondents produced false or misleading incoming passenger cards – where respondents cooperated at all times and made significant admissions – declarations made and penalties imposed
Legislation: Acts Interpretation Act 1901 (Cth) s 2B Biosecurity Act 2015 (Cth) ss 19, 171, 173, 174, 186, 519, 533 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21 Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 82, 84, 85 Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 (Cth) Biosecurity Regulation 2016 (Cth) Explanatory Memorandum, Biosecurity Bill 2014 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Francis [2004] FCA 487; 142 FCR 1 Australian Competition and Consumer Commission v High Adventure Pty Limited [2005] FCAFC 247 Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd [2004] FCA 693; 207 ALR 329 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; 201 FCR 378 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Securities and Investments Commission v Westpac Banking Corporation (No 3) [2018] FCA 1701; 131 ACSR 585 Comcare v Linfox Australia Pty Ltd [2015] FCA 61 Commissioner of Taxation v Balasubramaniyan [2022] FCA 374 Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629 Cruse v Multiplex Ltd [2008] FCAFC 179; 172 FCR 279 Electoral Commissioner of Australian Electoral Commission v Wharton (No 3) [2021] FCA 742 Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; 96 ALJR 234 Parker Trading as On Grid off Grid Solar v Switchee Pty Ltd trading as Australian Solar Quotes [2018] FCA 479 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Transport Workers Union of Australia v Registered Organisations Commissioner (No 2) [2018] FCAFC 203; 267 FCR 40
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate