Commissioner of the Australian Federal Police v Zhao & Anor

The Commissioner of the Australian Federal Police (AFP) sought to appeal a decision of the Full Federal Court concerning the validity of a notice issued under s 3E of the *Crimes Act 1914* (Cth) to Mr Zhao and Ms Zhao. The dispute centred on whether the notice, which required the production of documents, was validly issued and served, and whether the Zhaos were entitled to refuse to comply with it on the grounds that it might tend to incriminate them.

The High Court was required to determine whether the Full Federal Court had erred in finding that the notice issued by the AFP was invalid. Specifically, the Court considered whether the notice sufficiently identified the offence in relation to which the documents were sought, and whether the service of the notice on the Zhaos was effective. A further issue was whether the privilege against self-incrimination could be invoked to resist compliance with a notice issued under s 3E of the *Crimes Act 1914*.

The High Court held that the notice was invalid because it failed to specify with sufficient particularity the offence under investigation, thereby preventing the recipients from understanding the scope of the demand and assessing whether compliance might incriminate them. The Court affirmed that the privilege against self-incrimination remains a fundamental common law right and that statutory provisions purporting to abrogate or limit this privilege must be construed strictly. Consequently, a notice issued under s 3E must clearly identify the offence to which it relates to ensure that the recipient can properly consider the potential for self-incrimination.

The appeal was dismissed.