Australian Pesticides and Veterinary Medicines Authority v Bonnie and I Pty Ltd [2024] FCA 642

FEDERAL COURT OF AUSTRALIA

Australian Pesticides and Veterinary Medicines Authority v Bonnie and I Pty Ltd [2024] FCA 642 File number(s): VID 794 of 2023

Judgment of: BUTTON J

Date of judgment: 20 June 2024

Catchwords: TRADE AND COMMERCE – pecuniary penalties – contraventions of the Agricultural and Veterinary Chemicals Code (the Code) (being Sch 1 to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth)) – where the Code requires registration of certain veterinary and agricultural chemical products – where the Respondents sold and published notices offering to sell unregistered agricultural and veterinary chemical products – where Applicant issued a recall notice to the First Respondent – where the First Respondent failed to comply with a recall notice and continued to offer unregistered chemical products for sale – where Applicant seeks injunctions, declarations and civil penalty orders against Respondents – utility of injunctions where there is a material risk that contravening conduct will continue – criteria to be considered in assessing the amount of penalties – penalties imposed for contraventions of ss 78, 88 and 105 of the Code

Legislation: Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) s 6 Agricultural and Veterinary Chemicals Code Act 1994 (Cth) Sch 1 The Code ss 3, 4, 5, 78, 88, 101, 105, 145A, 145AA, 145AD, 145DA, 145DD, 145DE, 145F, 145FC Crimes Act 1914 (Cth) s 4AA Judiciary Act 1903 (Cth) s 39B Explanatory Memorandum to the Agricultural and Veterinary Chemicals Legislation Amendment Bill 2013 (Cth) Agricultural and Veterinary Chemicals (Victoria) Act 1994 (Vic) s 5