Dowe v Commissioner of the New South Wales Crime Commission; Pavan v Commissioner of the New South Wales Crime Commission; Gedeon v Commissioner of the New South Wales Crime Commission; Zaiter v Commissioner of the..

In the recent case before the High Court, four separate appeals were consolidated to determine the constitutionality of the Law Enforcement (Controlled Operations) Act 1997 (NSW). The appellants, Dowe, Pavan, Gedeon, and Zaiter, challenged the validity of Parts 2 and 3 of the LECO Act, asserting that they were inconsistent with Commonwealth law, specifically the Crimes Act 1914 (Cth). The central issue was whether these parts of the LECO Act were invalid under section 109 of the Commonwealth Constitution due to inconsistency with Commonwealth laws governing controlled operations.

The court considered whether the LECO Act directly or expressly sought to contravene Commonwealth laws, or if it could be construed in a manner that did not exceed the legislative powers of the State Parliament. The appellants argued that the LECO Act, in essence, sought to allow activities that would otherwise be unlawful under Commonwealth law, thus creating an inconsistency. The respondents contended that the LECO Act did not purport to make lawful activities that would be unlawful under Commonwealth law, nor did it attempt to remove liability under the Commonwealth legislation.

In its judgment, the Court found that the LECO Act did not directly or expressly contravene Commonwealth law, nor did it purport to operate in a way that would remove liability under Commonwealth law. The Court held that Part 1AB of the Crimes Act 1914 (Cth) did not make exhaustive provision for controlled operations and therefore did not "cover the field" of regulation for such operations. Consequently, the LECO Act could be interpreted to operate within the confines of the State's legislative power without conflicting with Commonwealth law. The appeals were dismissed, and the validity of the LECO Act was upheld.

The Court's final orders were that the appeals be dismissed, and that the Law Enforcement (Controlled Operations) Act 1997 (NSW) was valid and not inconsistent with Commonwealth law.