FEDERAL COURT OF AUSTRALIA
CC Pty Ltd v Australian Crime Commission [2007] FCAFC 96
ADMINISTRATIVE LAW – challenge to validity of search warrants – challenge depended on whether Board of Australian Crime Commission had authorised special investigation “in writing” and determined “in writing” that it was a special investigation, as required by s 7C of the Australian Crime Commission Act 2002 (Cth) – Board resolved in terms of a pre-prepared draft “Instrument” provided to Board – that document, not signed by or on behalf of Board, nonetheless purported to be a present authorisation and determination.
Held: the authorisation and determination was “in writing”.
WORDS AND PHRASES – “in writing”
Australian Crime Commission Act 2002 (Cth) s 7C
B (A solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 distinguished
CC PTY LTD, A PTY LTD/315/05, B PTY LTD/315/05, A315/05, B315/05, C315/05 D 315/05 v AUSTRALIAN CRIME COMMISSION AND THE BOARD OF THE AUSTRALIAN CRIME COMMISSION
SAD 26 OF 2007
BRANSON, LINDGREN AND BESANKO JJ
26 JUNE 2007
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIAN DISTRICT REGISTRY
SAD 26 OF 2007
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
CC PTY LTD
First AppellantA PTY LTD/315/05
Second AppellantB PTY LTD/315/05
Third AppellantA315/05
Fourth AppellantB315/05
Fifth AppellantC315/05
Sixth AppellantD315/05
Seventh AppellantAND:
AUSTRALIAN CRIME COMMISSION
First RespondentTHE BOARD OF THE AUSTRALIAN CRIME COMMISSION
Second RespondentJUDGES:
BRANSON, LINDGREN AND BESANKO JJ
DATE OF ORDER:
26 JUNE 2007
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
The appeal be dismissed.
The appellants pay the respondents’ costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIAN DISTRICT REGISTRY SAD 26 OF 2007
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
CC PTY LTD
First AppellantA PTY LTD/315/05
Second AppellantB PTY LTD/315/05
Third AppellantA315/05
Fourth AppellantB315/05
Fifth AppellantC315/05
Sixth AppellantD315/05
Seventh AppellantAND:
AUSTRALIAN CRIME COMMISSION
First RespondentTHE BOARD OF THE AUSTRALIAN CRIME COMMISSION
Second RespondentJUDGES:
BRANSON, LINDGREN AND BESANKO JJ
DATE:
26 JUNE 2007
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
THE COURT:
INTRODUCTION
The appellants appeal from the whole of a judgment given by a judge of the Court on 25 January 2007 (CC Pty Ltd v Australian Crime Commission (No2) [2007] FCA 16). In the proceeding at first instance, the appellants challenged the validity of seven search warrants, the issue of which was procured by the first respondent, the Australian Crime Commission (“the ACC”). The warrants purported to authorise the executing officer to enter certain premises of the appellants and there to search for and seize things of a particular kind connected with a “special ACC investigation”.
The appellants’ argument before his Honour and before us was that the warrants were invalid because the underlying special ACC investigation had not been validly launched (to use a neutral term). Whether it had or had not been…
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- Case
- [2007] FCAFC 96
- Decision Date
CaseChat Overview and Summary
The court considered the statutory framework that governs the issuance and execution of warrants, focusing on the requisites for judicial authorisation and the powers of the Australian Crime Commission. It examined the legislative intent behind the warrant provisions and the role of the Australian Crime Commission in executing warrants. The court also addressed whether the warrant was properly authorised by a judicial officer and if the execution of the warrant adhered to the legislative criteria. The High Court ultimately held that the warrant in question complied with the statutory requirements and that the execution was lawful. Consequently, the appeal was dismissed, affirming the legality of the warrant and the subsequent seizure of property by the Australian Crime Commission.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: BRANSON, LINDGREN AND BESANKO JJ
Full text does not contain this section.