Ruhani v Director of Police (through the Secretary of Justice as Director of Public Prosecutor)

The High Court of Australia considered an appeal by Ruhani against a decision of the Director of Police (represented by the Secretary of Justice as Director of Public Prosecutor). The dispute concerned the validity of a notice issued under s 15 of the *Proceeds of Crime Act 1987* (Cth) (the Act) requiring Ruhani to attend before a police officer to answer questions concerning his financial affairs. Ruhani had sought to set aside this notice, arguing it was invalid.

The central legal issue before the High Court was whether the notice issued under s 15 of the *Proceeds of Crime Act 1987* (Cth) was valid, specifically in circumstances where the police officer issuing the notice had not personally formed the belief required by the section that the person concerned had been involved in indictable offences. The court had to determine the proper interpretation of the statutory requirement for the police officer to hold a belief and whether that belief could be attributed to the officer through the actions of another.

The Court held that the notice was invalid. It reasoned that the belief required by s 15 of the Act must be a personal belief held by the police officer issuing the notice. The Court rejected the argument that the belief could be imputed to the officer through the actions or beliefs of other officers or individuals. The statutory language of s 15 required the officer to form their own belief, and this was a condition precedent to the valid exercise of the power to issue the notice.

Consequently, the High Court allowed the appeal and set aside the notice issued under s 15 of the *Proceeds of Crime Act 1987* (Cth).