The Chief Executive Officer of Customs v Granite Arms Pty Ltd [2005] HCA 51

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, CALLINAN AND HEYDON JJ

THE CHIEF EXECUTIVE OFFICER OF CUSTOMS APPELLANT

AND

GRANITE ARMS PTY LTD & ANOR RESPONDENTS

The Chief Executive Officer of Customs v Granite Arms Pty Ltd

[2005] HCA 51

8 September 2005

B77/2004

ORDER

1. Appeal allowed with costs.

2. Set aside the orders of the Full Court of the Federal Court of Australia made on 30 March 2004 and in their place order that:

(a) the appeal to that Court be allowed with costs;

(b) the orders of the Federal Court of Australia made on 23 May 2003 be set aside and on the cross-claim, it be declared that handguns imported into Australia under cover of entry for home consumption 2E.0129.0382E are "special forfeited goods" within the meaning of the Customs Act 1901 (Cth); and

(c) the respondents pay the appellant's costs of the cross-claim.

On appeal from the Federal Court of Australia

Representation:

C M Maxwell QC with R M Niall for the appellant (instructed by Australian Government Solicitor)

B W Walker SC with M B Evans and F H Martin for the respondents (instructed by Roberts & Kuskie)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Chief Executive Officer of Customs v Granite Arms Pty Ltd

Customs – Importation of handguns – Requirement in sub-item 4.1(a) of the Customs (Prohibited Imports) Regulations 1956, Sched 6, Pt 1 ("the Regulations") that the importer of a handgun has been given a statement by police authorities to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the handgun or that such licence or authorisation is not required under the law of the relevant State or Territory – Second respondent had contracted to purchase handguns but its import permit was subsequently rescinded by the Queensland Police Service – Handguns were then consigned to first respondent in Victoria – Whether the guns were liable to condemnation as forfeited to the Crown – Whether a consignee of handguns is "the importer" of the articles for the purposes of the Regulations.