Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90

Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90

Section 14(1) of the Act is to be construed as applying to any protected object that, at the time of import, meets the specified criteria (including unlawful export), regardless of whether the export occurred before or after the Act commenced. The use of the present perfect tense in s 14(1)(a) does not impose a temporal limitation on the export event. There is no textual or contextual basis to restrict s 14(1) to post-commencement exports only.

Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Appeal / Full Federal Court Judgment
Outcome
Appeal allowed. Object liable to forfeiture.
Legal Topics
['forfeiture of Protected Objects' 'importation of Cultural Property' 'retrospective Application of Statutes']
['cultural Heritage Law' 'statutory Interpretation'] ['forfeiture of Protected Objects' 'importation of Cultural Property' 'retrospective Application of Statutes']

Case Brief

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Procedural Posture

Appeal / Full Federal Court Judgment

Legal Issues

  1. 1 ['Whether a protected object exported prior to the commencement of the Protection of Movable Cultural Heritage Act 1986 (Cth) is liable to forfeiture under s 14(1) upon import into Australia' 'Proper construction of s 14(1) of the Protection of Movable Cultural Heritage Act 1986 (Cth)']

Ratio Decidendi

Section 14(1) of the Act is to be construed as applying to any protected object that, at the time of import, meets the specified criteria (including unlawful export), regardless of whether the export occurred before or after the Act commenced. The use of the present perfect tense in s 14(1)(a) does not impose a temporal limitation on the export event. There is no textual or contextual basis to restrict s 14(1) to post-commencement exports only.

Court Disposition

Appeal allowed. Object liable to forfeiture.

Orders

  • ['The appeal be allowed.' "The respondent pay the appellant's costs, to be agreed or assessed." "It is declared that the object described as 'the Artefact' is liable to forfeiture under s 14(1) of the Protection of Movable Cultural Heritage Act 1986 (Cth)." 'The said object is forfeited.']