7 Jun 2007
MIHOS V ATTORNEY-GENERAL HC WN CIV-2004-485-1399
- Citation
- openlaw-b137cb54_2347_4e95_b53f_9ff556620095.pdf
- Court
- High Court
The Customs and Excise Act's scheme authorises forfeiture and seizure without a prior criminal conviction; the seizure and initial investigative acts were lawful; the delegation challenge failed on purposive construction; refusals of ministerial waiver are reviewable but the Court will exercise restraint and reserved final determination on proportionality pending further background evidence to be filed by the Crown.