Two “fish enthusiasts” face exorbitant fines after twice attempting to smuggle more than 100 live fish into Australia in their suitcases.
Chun Lok Chi and his business partner Linh Thi My Chau were arrested at Melbourne Airport in January 2020 with plastic bags full of ornamental fish swimming in the water.
The two men were fined $54,000 in the Federal Court last week following an investigation by the Department of Agriculture, Fisheries and Forestry.
The fish were in the checked luggage of Chun Lok Chi and Linh Thi My Chau as they attempted to enter Australia.
They were arrested just a month after Mr Chi attempted to smuggle live fish into Australia in similar circumstances.
Mr Chi and Ms Chau were described in the judgment as “fish enthusiasts” who buy and sell ornamental fish and aquarium equipment on Facebook and Gumtree.
Mr Chi first came to the attention of border agents on December 29, 2019 when his suitcase raised eyebrows after passing through an X-ray machine.
Upon closer inspection, the suitcase contained four cooler bags, each containing a separate plastic bag filled with water containing live freshwater fish.
The fish in the plastic bags found in Mr Chi’s suitcase included plecos, arowanas and snakeheads, and were not declared on his Inbound Passenger Card (IPC).
He received a $420 violation notice for providing a false or misleading CPI, which he paid.
However, 31 days later Mr Chi landed again at Melbourne Airport on a flight from Hong Kong with live fish in his checked luggage.
One of the ornamental fish seized by border officers at Melbourne Airport from the two smugglers.
Both men showed remorse for introducing the fish into Australia, but were still heavily fined.
When asked what was in his bag, Mr Chi replied: “Fish.”
But this time his business partner, Ms Chau, was also found in possession of the contraband.
When asked if there were fish in her bag, Ms Chau replied: “Yes, I have fish.”
In both cases, the fish were euthanized and stored by the department.
Mr Chi was fined $37,000 for two offenses under Section 186(1) and one offense under Section 533(1) of the Biosecurity Act 201, while Ms Chau was sentenced to pay $17,000 for the same offenses.
Judge Shaun McElwaine said that although the “imports were not sophisticated”, he could not accept that Mr Chi’s actions were “anything other than well planned”.
“Once caught, the issuance of an infringement notice and the destruction of the fish on this occasion were ineffective,” he said in his April 19 ruling.
Mr McElwaine said the two men cooperated at “all stages”, showed remorse and “even pleaded guilty” during their first appearance in his courtroom.
This is the first time that civil penalties have been imposed under the enhanced biosecurity law.
Agriculture, Fisheries and Forestry Minister Murray Watt described the ruling as an “important step” and a deterrent for all travellers.
“Some of the fish that have attempted to be smuggled into our country are considered pest species to Australia and pose a huge risk to human, animal and plant health,” he said.
“Severe civil penalties apply to those who break the law, and all travelers should be aware that serious breaches of Australia’s biosecurity laws may result in civil action being taken against you.
“This is a great example of why we need to ensure our biosecurity system has long-term sustainable funding to protect our environment and agricultural sectors from exotic pests and diseases.”
dailymail us
