Two “fish enthusiasts” face a huge fine after twice trying to smuggle more than 100 live fish into Australia in their suitcases.
Chun Lok Chi and his business partner Linh Thi My Chau were caught at Melbourne airport in January 2020 with plastic bags full of ornamental fish swimming in the water.
Last week, the Federal Court fined the couple $54,000 following an investigation by the Department of Agriculture, Fisheries and Forestry.
The fish was found to be in the checked luggage of Chun Lok Chi and Linh Thi My Chau when they were trying to enter Australia.
They were caught just a month after Chi attempted to smuggle live fish to Australia under similar circumstances.
Mr Chi and Ms Chau were described in the ruling as “fish enthusiasts” who buy and sell ornamental fish and aquarium equipment on Facebook and Gumtree.
Chi first came to the attention of border officials on December 29, 2019 when his suitcase caught attention after passing through an X-ray machine.
Upon further inspection, the suitcase was found to contain four insulated 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, arowana and snakeheads, and were not declared on his incoming passenger card (IPC).
He was issued a $420 infringement notice for providing a false or misleading CPI, which he paid.
However, 31 days later, Chi landed again at Melbourne Airport on a flight from Hong Kong with live fish in his checked luggage.
One of the ornamental fish that border officials confiscated from the two smugglers at Melbourne airport.
The couple showed remorse for bringing the fish to Australia, but still had to pay a hefty fine.
When asked what was in her bag, Chi replied: “Fish.”
But this time his business partner, Ms Chau, was also found with the contraband.
When asked if she had fish in her bag, Ms Chau replied: “Yes, I have some fish.”
On both occasions, the department slaughtered and stored the fish.
Mr Chi was fined $37,000 for two violations of section 186(1) and one violation of section 533(1) of the Biosafety Law 201, while Ms Chau was ordered to pay $17,000 for the same crimes.
Judge Shaun McElwaine said that while the “importations were not sophisticated”, he could not accept that Mr Chi’s actions were “anything other than well planned”.
“Upon capture, the issuance of an infringement notice and the destruction of the fish on that occasion was ineffective,” he said in his April 19 ruling.
McElwaine said the couple had cooperated at “every stage”, demonstrated remorse and “even pleaded guilty” in their first courtroom appearance.
It is the first time that civil penalties have been imposed under the expanded Biosafety Law.
Minister for Agriculture, Fisheries and Forestry Murray Watt described the ruling as an “important milestone” and a deterrent to all travellers.
“Some of the fish attempted to be smuggled into our country are considered pest species in 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 penalty proceedings being initiated against them.
“This is a great example of why we must ensure our biosecurity system has long-term sustainable funding to protect our environment and agricultural sectors from exotic pests and diseases.”
