C & Ors v Australian Crime Commission

The High Court of Australia considered an appeal concerning the validity of notices issued by the Australian Crime Commission (ACC) under s 29 of the *Australian Crime Commission Act 2002* (Cth) (the Act). The appellants, C and others, sought to challenge the lawfulness of these notices, which compelled them to attend before the ACC and answer questions. The core of the dispute revolved around whether the ACC had acted within its statutory powers when issuing these notices, particularly in relation to the scope of the ACC's investigative functions and the procedural fairness afforded to the recipients of the notices.

The central legal issue before the High Court was whether the ACC had complied with the requirements of s 29 of the Act when issuing the notices. Specifically, the Court had to determine if the ACC had properly formed the requisite belief that the information sought was relevant to an "unlawful activity" as defined by the Act, and whether the notices themselves were sufficiently particularised to inform the recipients of the nature of the investigation. Furthermore, the Court considered whether the ACC's actions had infringed upon the appellants' rights, including the privilege against self-incrimination and the right to natural justice.

In its reasoning, the High Court analysed the language and purpose of s 29 of the Act, emphasizing that the ACC's investigative powers are broad but not unfettered. The Court held that the ACC must demonstrate a genuine and reasonable belief that the information sought is relevant to an unlawful activity. It was found that the notices issued in this instance lacked the necessary particularity, failing to adequately inform the appellants of the specific unlawful activities under investigation. Consequently, the notices were deemed invalid. The Court also affirmed that while the Act contemplates compulsion, it does not override fundamental common law rights, such as the privilege against self-incrimination, unless explicitly stated.

The High Court allowed the appeal, quashing the notices issued by the ACC.