CAMPBELL v Australian Crime Commission (No.2)

In *Campbell v Australian Crime Commission (No.2)*, the applicant, Mr. Campbell, sought judicial review of a decision by the Australian Crime Commission (ACC) to issue a notice under section 29 of the *Australian Crime Commission Act 2002* (Cth) requiring him to attend for examination. The application was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the ACC's decision to issue the section 29 notice was vitiated by jurisdictional error. Specifically, the Court was asked to consider whether the ACC had failed to consider relevant considerations or had taken into account irrelevant considerations when forming the belief required by section 29(1) that Mr. Campbell possessed information relevant to an ACC investigation. The Court also considered whether the ACC had acted with an improper purpose in issuing the notice.

Judge Cameron found that the ACC had not erred in law. The Court held that the ACC was entitled to rely on information provided by other law enforcement agencies, and that the material before the ACC was sufficient to support the formation of the requisite belief. The Court also found no evidence of an improper purpose, concluding that the ACC's actions were consistent with its statutory functions. The principles of administrative law concerning jurisdictional error, including the proper formation of belief and the prohibition against improper purpose, were applied.

The application for judicial review was dismissed.