K v Australian Crime Commission

The High Court of Australia considered an application by K for leave to appeal against a decision of the Full Federal Court. The dispute concerned the validity of a notice issued by the Australian Crime Commission (ACC) under section 29 of the *Australian Crime Commission Act 2002* (Cth) (the Act) requiring K to attend an examination. K sought to challenge the notice on the grounds that it was issued for an improper purpose, namely to obtain information that could be used in a criminal prosecution, rather than for the purposes of the ACC's investigations as contemplated by the Act.

The central legal issue before the High Court was whether the ACC, in issuing the section 29 notice, had acted for an improper purpose, thereby rendering the notice invalid. This required the Court to consider the scope of the ACC's investigative powers under the Act and the limitations imposed by the requirement that such powers be exercised for the purposes of the ACC's functions, which include the gathering of information relevant to the commission of relevant offences. The Court also had to determine whether the apprehended use of the information in a criminal prosecution constituted an improper purpose in the context of the statutory scheme.

Gummow J, in considering the application for leave to appeal, noted that the proper purpose for which a statutory power may be exercised is determined by the language of the statute conferring the power. His Honour observed that the *Australian Crime Commission Act 2002* (Cth) confers broad powers on the ACC to gather information, and that the mere fact that information obtained through an examination might subsequently be used in criminal proceedings does not, of itself, demonstrate an improper purpose in the exercise of the power to issue a notice. The purpose of the examination is to gather information relevant to the ACC's functions, and the potential for that information to be used in a prosecution is a foreseeable consequence of its gathering, not necessarily an indication of an improper purpose in the initial exercise of the power.

Leave to appeal was refused.