AB v National Crime Authority

The High Court of Australia considered an appeal by AB against a decision of the National Crime Authority (NCA). The dispute concerned the validity of a notice issued by the NCA under section 29 of the *Crimes (Confiscation of Profits) Act 1986* (Cth) requiring AB to attend before the NCA and answer questions. AB sought to set aside the notice, arguing that it was issued for an improper purpose.

The central legal issue before the High Court was whether the NCA had acted for an improper purpose in issuing the section 29 notice. Specifically, the Court had to determine if the NCA's predominant purpose in issuing the notice was to obtain information for the purpose of prosecuting AB for a criminal offence, rather than for the purpose of investigating whether AB had derived any profits from unlawful activities, as contemplated by the Act.

The Court held that the NCA's power under section 29 was not limited to investigating past or present unlawful activities, but extended to investigating potential future unlawful activities. However, the Court found that the evidence demonstrated that the NCA's predominant purpose in issuing the notice was to gather evidence for the prosecution of AB for existing offences, rather than to investigate whether AB had derived profits from unlawful activities. This constituted an improper purpose, rendering the notice invalid.

The High Court allowed the appeal and ordered that the notice issued by the National Crime Authority be set aside.