Director of Biosecurity v Chi

In the Federal Court, the Director of Biosecurity brought an application against Mr Chi and Ms Chau for contraventions of the Biosecurity Act 2015 (Cth) and related regulations. The respondents were intercepted twice, on 29 December 2019 and 29 January 2020, when they attempted to import live freshwater fish into Australia. They had completed incoming passenger cards that did not declare the importation of fish or animals. The fish were seized and euthanised. The respondents admitted their conduct and pleaded guilty to the charges. The court was required to decide whether the respondents had contravened the Biosecurity Act and, if so, what penalties should be imposed.

The court found that the respondents had contravened the Biosecurity Act by importing live fish and water into Australia without satisfying the necessary conditions and by providing false or misleading information on their incoming passenger cards. The court considered various factors, including the respondents’ cooperation, admissions, and remorse, in determining the appropriate penalties. The court imposed pecuniary penalties of $37,000 on Mr Chi and $17,000 on Ms Chau. The court also made consequential orders regarding the payment of the penalties. The respondents were ordered to pay the Director’s costs. The court found that the respondents had acted knowingly and deliberately, and that their conduct posed a significant biosecurity risk.