Ponnambalam v The State of Western Australia

The High Court of Australia heard an appeal by Mr Ponnambalam against the State of Western Australia concerning the validity of a notice issued under section 104(1) of the *Criminal Investigation Act 2006* (WA). The notice required Mr Ponnambalam to attend a police station for the purpose of obtaining a sample of his DNA. Mr Ponnambalam contended that the notice was invalid because it was issued by a police officer who was not authorised to do so under the Act.

The central legal issue before the High Court was whether the Commissioner of Police in Western Australia had the power to delegate the authority to issue a section 104(1) notice to a police officer below the rank of Inspector. This involved an interpretation of section 104(1) of the *Criminal Investigation Act 2006* (WA) and the principles of statutory interpretation regarding the delegation of powers.

Gageler J, delivering the sole judgment, held that the Commissioner of Police did not have the power to delegate the authority to issue a section 104(1) notice. His Honour reasoned that the Act conferred the power to issue such notices directly upon the Commissioner, and there was no express provision within the Act authorising the Commissioner to delegate this power. Applying the principle that powers conferred by statute are generally personal and not delegable unless expressly permitted, Gageler J concluded that the notice issued to Mr Ponnambalam was invalid.

Consequently, the High Court allowed the appeal and ordered that the notice issued under section 104(1) of the *Criminal Investigation Act 2006* (WA) be quashed.