Director of Biosecurity v Chi (No 2) [2024] FCA 721

FEDERAL COURT OF AUSTRALIA

Director of Biosecurity v Chi (No 2) [2024] FCA 721 File number(s): VID 778 of 2022

Judgment of: MCELWAINE J

Date of judgment: 3 July 2024

Catchwords: ADMINISTRATIVE LAW application for payment in instalments of penalties imposed for breach of the Biosecurity Act 2015 (Cth) where applicant submitted that there was sufficient material to justify the making of orders for payment of the penalties in instalments by the respondents orders for payment by instalment made

Legislation: Biosecurity Act 2012 (Cth) ss 186(1), 533 Federal Court of Australia Act 1976 (Cth) s 52 Regulatory Powers (Standard Provisions) Act 2014 (Cth) s 82(3) Federal Court Rules 2011 (Cth) r 39.06

Cases cited: ACCC v Humax Pty Ltd [2005] FCA 706 Director of Biosecurity v Chi [2024] FCA 388

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 12

Date of last submission/s: 7 June 2024

Solicitor for the Applicant: Clayton Utz

Solicitor for the Respondents: Self-represented

ORDERS VID 778 of 2022

BETWEEN: DIRECTOR OF BIOSECURITY Applicant

AND: CHUN LOK CHI First Respondent

LINH THI MY CHAU Second Respondent

order made by: MCELWAINE J DATE OF ORDER: 3 July 2024

THE COURT ORDERS THAT:

1. The first and second respondents are to make payment of the pecuniary penalties imposed by order 9 of the orders dated 19 April 2024 in instalments: (a) By the first respondent in the amount of $5,000.00 of principal and $517.50 in interest on each of the following dates: (i) 31 August 2024, 31 October 2024, 31 December 2024, 28 February 2025, 30 April 2025, 30 June 2025, and 31 August 2025. (b) By the first respondent in the amount of $2,000.00 of principal and $207.00 in interest on 31 October 2025. (c) By the second respondent in the amount of $2,000.00 of principal and $207.00 in interest on each of the following dates: (i) 31 August 2024, 31 October 2024, 31 December 2024, 28 February 2025, 30 April 2025, 30 June 2025, 31 August 2025, and 31 October 2025. (d) By the second respondent in the amount of $1,000.00 of principal and $103.50 in interest on 31 December 2025. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.