Moss v Commonwealth of Australia

In *Moss v Commonwealth of Australia* [1994] NSWCA 210, the New South Wales Court of Appeal considered a dispute between Mr Moss and the Commonwealth of Australia concerning the validity of a notice issued under section 353D of the *Crimes Act 1914* (Cth).

The central legal issue before the Court was whether the notice, which purported to require Mr Moss to provide information relevant to an investigation into alleged offences, was validly issued. Specifically, the Court had to determine if the notice complied with the requirements of section 353D of the *Crimes Act 1914* (Cth) and, if not, what the consequences of that non-compliance would be.

The Court of Appeal found that the notice was invalid. It reasoned that section 353D required the issuing officer to have a reasonable belief that the person to whom the notice was addressed had committed, or was about to commit, an offence. In this instance, the evidence did not establish that the issuing officer held such a belief. Consequently, the notice was defective and could not stand. The Court applied the principles of statutory interpretation, emphasizing the need for strict compliance with the preconditions for the exercise of statutory powers that interfere with individual rights.

The Court of Appeal allowed Mr Moss's appeal and ordered that the notice issued under section 353D of the *Crimes Act 1914* (Cth) be set aside.