Granite Arms v Chief Executive Officer of Customs [2003] FCA 506

Granite Arms v Chief Executive Officer of Customs [2003] FCA 506

The word 'importer' in clause 4.1 of Part 1 of Schedule 6 of the Customs (Prohibited Import) Regulations 1956 (Cth) is given its ordinary and natural meaning, encompassing Granite Arms as the importer, despite acting as agent for Omeo Way. There is no statutory basis to restrict 'importer' to the owner at law, and Granite Arms, as consignee with lawful entitlement, satisfies the Police authorisation test.

Parties
First Applicant/first Cross Respondent: Granite Arms Pty Limited (ACN 006 551 748); Second Applicant/second Cross Respondent: Omeo Way Pty Limited (ACN 050 415 355); Respondent/cross Claimant: Chief Executive Officer of Customs
Jurisdiction
Australia
Judgment Date
23 May 2003
Procedural Posture
Cross Claim / Judgment
Outcome
cross claim dismissed
Legal Topics
Importation Under Customs (prohibited Import) Regulations, Definition of Importer, Statutory Construction, Seizure and Forfeiture of Goods
Trade and Commerce Administrative Law Importation Under Customs (prohibited Import) Regulations Definition of Importer Statutory Construction Seizure and Forfeiture of Goods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Granite Arms Pty Limited (ACN 006 551 748)

First Applicant/first Cross Respondent

Omeo Way Pty Limited (ACN 050 415 355)

Second Applicant/second Cross Respondent

Chief Executive Officer of Customs

Respondent/cross Claimant

Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 Whether 'importer' in clause 4.1 of Part 1 of Schedule 6 of the Customs (Prohibited Import) Regulations 1956 (Cth) refers only to the owner at law or includes an agent
  2. 2 Whether Granite Arms, acting as agent for Omeo Way, satisfies the Police authorisation test for importation

Ratio Decidendi

The word 'importer' in clause 4.1 of Part 1 of Schedule 6 of the Customs (Prohibited Import) Regulations 1956 (Cth) is given its ordinary and natural meaning, encompassing Granite Arms as the importer, despite acting as agent for Omeo Way. There is no statutory basis to restrict 'importer' to the owner at law, and Granite Arms, as consignee with lawful entitlement, satisfies the Police authorisation test.

Court Disposition

cross claim dismissed

Orders

  • The cross claim is dismissed.
  • The cross claimant pay the cross respondents their costs of and incidental to the cross claim, to be taxed if not agreed.