Attorney-General for Qld, Ex parte- Re G.E. Crane & Sons Ltd

The matter before Kirby J, sitting in chambers, concerned an application by the Attorney-General for Queensland for a writ of *mandamus* directed to G.E. Crane & Sons Ltd. The Attorney-General sought to compel the company to produce certain documents pursuant to a notice issued under the *Companies (Acquisition of Shares) Act 1980* (Qld). The dispute arose from the Attorney-General's investigation into potential contraventions of that Act.

The central legal issue was whether the notice issued by the Attorney-General was valid and enforceable, specifically concerning the scope of the documents G.E. Crane & Sons Ltd was required to produce. The court was required to determine if the notice, as framed, exceeded the powers conferred upon the Attorney-General by the *Companies (Acquisition of Shares) Act 1980* (Qld) and whether the documents sought were relevant to the investigation.

Kirby J considered the provisions of the *Companies (Acquisition of Shares) Act 1980* (Qld) relating to the Attorney-General's investigative powers. His Honour found that the notice, in its breadth, sought documents that were not sufficiently particularised or demonstrably relevant to the suspected contraventions of the Act. The principle applied was that statutory powers of investigation must be exercised within the confines of the legislation granting them, and notices issued under such powers must be specific and directed towards legitimate investigative purposes.

Consequently, Kirby J dismissed the application for the writ of *mandamus*, finding the notice to be invalid.