Barnes v Boulton

Barnes v Boulton involved a legal challenge concerning the Australian Crime Commission (ACC) investigation into the activities of the Darwin Chapter of the Hells Angels Motorcycle Club. The applicant, Ms Barnes, the partner of the president of the Darwin Chapter, was required to give evidence about her knowledge of the club’s activities. Ms Barnes sought to argue that certain sections of the ACC Act were unconstitutional, but these arguments were ultimately rejected by the court. The key issue before the court was whether section 30(5) of the ACC Act was a valid exercise of Commonwealth legislative power, which provides that answers or documents produced during an examination before an examiner are not admissible in certain proceedings against the person if they claim that the answer or production might tend to incriminate them. The court held that the provision was valid, rejecting the applicant's argument that it was unconstitutional. The court also dismissed the applicant's contention regarding the continuing applicability of the National Crime Authority (Territory Provisions) Act 1985 (NT), finding it irrelevant to the proceeding. The application was dismissed with costs awarded to the respondent.