Buresti, Amos Dominic v Beveridge, Malcolm & Anor [1998] FCA 1336

Buresti, Amos Dominic v Beveridge, Malcolm & Anor [1998] FCA 1336

The Act, by reference to its amended context and the model of the Crimes Act provisions, shows a clear intention to exclude the special definition of 'days' under s 4(1) for the purposes of s 203R(1)(b), so 'days' in this context has its ordinary English meaning, and the magistrate's order was made outside the permitted 60 day period.

Jurisdiction
Australia
Judgment Date
23 October 1998
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; decision of the First Respondent set aside; costs ordered against Second Respondent
Legal Topics
["interpretation of 'days' in Legislation" 'retention of Seized Items' 'application of Statutory Definitions']
['statutory Interpretation' 'customs Law'] ["interpretation of 'days' in Legislation" 'retention of Seized Items' 'application of Statutory Definitions']

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Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 ["Whether 'days' in s 203R Customs Act 1901 (Cth) includes weekends and public holidays" "Whether s 203R(1)(b) shows a clear intention to exclude the definition of 'days' in s 4(1)" "Whether the magistrate's order for retention of seized items was valid"]

Ratio Decidendi

The Act, by reference to its amended context and the model of the Crimes Act provisions, shows a clear intention to exclude the special definition of 'days' under s 4(1) for the purposes of s 203R(1)(b), so 'days' in this context has its ordinary English meaning, and the magistrate's order was made outside the permitted 60 day period.

Court Disposition

Application allowed; decision of the First Respondent set aside; costs ordered against Second Respondent

Orders

  • ['The decision of the First Respondent to allow Customs to retain the seized items for further three months is set aside.' "The Second Respondent is to pay the Applicant's costs." 'No order as to the costs of the First Respondent.']