C & Ors v Australian Crime Commission

In the matter of *C & Ors v Australian Crime Commission*, the applicants sought judicial review of a decision by the Australian Crime Commission (ACC) to issue notices under section 23 of the *Australian Crime Commission Act 2002* (Cth) (the Act). The applicants, who were individuals and entities, challenged the lawfulness of these notices, which compelled them to provide information and documents to the ACC. The case was heard by Gleeson CJ in the original jurisdiction of the High Court of Australia.

The central legal issue before the Court was whether the ACC had acted within its statutory powers when issuing the section 23 notices. Specifically, the applicants contended that the ACC had failed to satisfy the preconditions for issuing such notices, arguing that the ACC had not properly formed the requisite belief that the information sought was relevant to an ACC investigation. This involved an examination of the scope of the ACC's investigative powers and the procedural requirements attached to the exercise of those powers under the Act.

Gleeson CJ considered the language of section 23 of the Act, which permits the ACC to issue a notice if it believes on reasonable grounds that a person has information or documents relevant to an investigation. His Honour analysed the nature of the "belief" required, concluding that it must be a genuine belief based on reasonable grounds, and that the ACC must have undertaken an appropriate process to form that belief. The Court examined the evidence before the ACC at the time the notices were issued to determine if this standard had been met.

The application for judicial review was dismissed. Gleeson CJ found that the ACC had sufficient grounds to form the requisite belief and had complied with the procedural requirements of section 23 of the Act. Consequently, the notices issued by the ACC were held to be lawful.