Palmanova Pty Ltd v. Commonwealth of Australia

Lower Court Judgment

05/07/2024 Federal Court of Australia (Banks-Smith, Abraham and Downes JJ)

[2024] FCAFC 90

Catchwords

Statutes – construction – Protection of Movable Cultural Heritage Act 1986 (Cth) (“the Act”) – where Bolivian artefact purchased by applicant from US gallery in 2020 seized upon entry into Australia under Act – whether artefact exported from Bolivia to US prior to 1960 – where artefact seized upon entry into Australia under s 14 of Act – whether artefact liable for forfeiture – temporal operation of Act - whether majority of Full Federal Court erred in interpretation of s 14(1) of Act by concluding Act not limited in application to protected object of foreign country exported from that country after date of commencement of Act (1 July 1987) – whether majority erred in concluding unnecessary to consider extrinsic material in construction of s 14.