Recent Cases

Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 (05 July 2024) (Banks-Smith, Abraham and Downes JJ)


Catchwords:


CULTURAL HERITAGE – where “protected object of a foreign country” (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth) (the Act) – whether the Artefact is liable to forfeiture under s 14(1) of the Act

STATUTORY INTERPRETATION – proper construction of s 14(1) of the Act – whether export of protected object from the foreign country must have occurred on or after the commencement of the Act in order for it to be liable to forfeiture under s 14(1) of the Act

HELD – appeal allowed – protected object liable to forfeiture under s 14(1) of the Act – said object is forfeited