Milicevic v Campbell [1975] HCA 20

Milicevic v Campbell [1975] HCA 20

Section 233B (1) (ca) of the Customs Act 1901-1971 Cth, read with s. 233B (1B), is a valid law of the Commonwealth. The provision concerns narcotic goods whose importation is prohibited and is sufficiently connected with importation and trade and commerce with other countries. Section 233B (1B) operates as an evidentiary provision placing on the accused the burden of proving that the goods were not imported or were not imported in contravention of the Act; if that is proved, no offence is committed. The reverse onus does not take the provision beyond constitutional power.

Jurisdiction
Australia
Procedural Posture
Constitutional Challenge to Validity of Commonwealth Offence Provision / Case Stated/reference to the Full Court Under S. 18 of the Judiciary Act 1903 1969 Cth
Outcome
The question in the case stated was answered in the affirmative; s. 233B (1) (ca) is a valid law of the Commonwealth.
Legal Topics
['validity of Commonwealth Legislation' 'trade and Commerce With Other Countries' 'prohibited Imports' 'narcotic Goods' 'reasonable Suspicion of Unlawful Importation' 'reverse Onus of Proof']
['constitutional Law' 'customs Law' 'criminal Law' 'evidence and Procedure'] ['validity of Commonwealth Legislation' 'trade and Commerce With Other Countries' 'prohibited Imports' 'narcotic Goods' 'reasonable Suspicion of Unlawful Importation' 'reverse Onus of Proof']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Constitutional Challenge to Validity of Commonwealth Offence Provision / Case Stated/reference to the Full Court Under S. 18 of the Judiciary Act 1903 1969 Cth

Legal Issues

  1. 1 ['Whether s. 233B (1) (ca) of the Customs Act 1901-1971 Cth is a valid law of the Commonwealth.' 'Whether the Commonwealth trade and commerce power in s. 51 (i.) of the Constitution supports an offence of possessing narcotic prohibited imports reasonably suspected of having been imported into Australia in contravention of the Act.' 'Whether s. 233B (1B), placing on the accused the burden of proving that the goods were not imported or were not imported in contravention of the Act, is a valid evidentiary or procedural provision.']

Ratio Decidendi

Section 233B (1) (ca) of the Customs Act 1901-1971 Cth, read with s. 233B (1B), is a valid law of the Commonwealth. The provision concerns narcotic goods whose importation is prohibited and is sufficiently connected with importation and trade and commerce with other countries. Section 233B (1B) operates as an evidentiary provision placing on the accused the burden of proving that the goods were not imported or were not imported in contravention of the Act; if that is proved, no offence is committed. The reverse onus does not take the provision beyond constitutional power.

Court Disposition

The question in the case stated was answered in the affirmative; s. 233B (1) (ca) is a valid law of the Commonwealth.

Orders

  • ['Question answered: Yes.']