Vickers, Michael v Minister for Business & Consumers Affairs & Ors [1982] FCA 74

Vickers, Michael v Minister for Business & Consumers Affairs & Ors [1982] FCA 74

The seizure of the $8,000 in bank notes was authorised as the officer had reasonable cause to believe it was proceeds of narcotic goods, and the Act contemplates seizure of such cash. However, bank credit is not 'goods' within the meaning of the Act, nor is it 'moneys in the form of cash'; thus, the seizure of $15,000 from the bank account was not authorised by the Customs Act and must be set aside.

Parties
Applicant: Michael Vickers; First Respondent: Minister for Business and Consumer Affairs; Second Respondent: Comptroller-General of Customs; Third Respondent: T. Young; Fourth Respondent: Francis Ivor Kelly
Jurisdiction
Australia
Judgment Date
17 May 1982
Procedural Posture
Application for Judicial Review / Judgment at First Instance
Outcome
Application allowed in part
Legal Topics
Seizure of Property, Forfeiture of Proceeds of Crime, Meaning of 'goods' and 'moneys', Judicial Review Under ADJR Act
Administrative Law Customs Law Seizure of Property Forfeiture of Proceeds of Crime Meaning of 'goods' and 'moneys' Judicial Review Under ADJR Act

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Parties

Michael Vickers

Applicant

Minister for Business and Consumer Affairs

First Respondent

Comptroller-General of Customs

Second Respondent

T. Young

Third Respondent

Francis Ivor Kelly

Fourth Respondent

Procedural Posture

Application for Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 Whether the seizure of $8,000 in bank notes from the applicant was authorised by the Customs Act 1901 (Cth)
  2. 2 Whether the seizure of $15,000 from the applicant's savings bank account was authorised by the Customs Act 1901 (Cth)
  3. 3 Whether bank credit is 'goods' or 'moneys in the form of cash' under s.229A of the Customs Act 1901 (Cth)

Ratio Decidendi

The seizure of the $8,000 in bank notes was authorised as the officer had reasonable cause to believe it was proceeds of narcotic goods, and the Act contemplates seizure of such cash. However, bank credit is not 'goods' within the meaning of the Act, nor is it 'moneys in the form of cash'; thus, the seizure of $15,000 from the bank account was not authorised by the Customs Act and must be set aside.

Court Disposition

Application allowed in part

Orders

  • The decision of the third respondent to seize $15,000 from Account No. 24694 at Mosman Branch of the Bank of New South Wales Savings Bank Limited is set aside.
  • The third and fourth respondents are to pay to the applicant three-quarters of his costs of these proceedings.