X7 v Australian Crime Commission and Anor

The High Court of Australia considered an appeal by X7 (the applicant) against the Australian Crime Commission (ACC) and the Commonwealth Director of Public Prosecutions (CDPP). The dispute concerned the validity of a notice issued by the ACC under section 29 of the *Australian Crime Commission Act 2002* (Cth) (the Act) requiring X7 to attend before the ACC for examination. X7 sought to set aside this notice, arguing it was invalid.

The central legal issue before the High Court was whether the ACC had properly exercised its power under section 29 of the Act. Specifically, the Court had to determine if the ACC had formed the requisite belief that it was necessary for the purposes of an ACC investigation that X7 attend for examination, and whether this belief was formed on reasonable grounds. This involved an examination of the scope of the ACC's investigative powers and the procedural fairness obligations that attach to the exercise of such powers.

The Court analysed the provisions of the *Australian Crime Commission Act 2002* (Cth), particularly section 29, which permits the ACC to issue a notice for examination if it believes on reasonable grounds that it is necessary for the purposes of an ACC investigation. The High Court held that the ACC's belief must be objectively justifiable and not merely a subjective assertion. The Court found that the evidence before it did not demonstrate that the ACC had formed the necessary belief on reasonable grounds, and therefore the notice issued to X7 was invalid. The Court emphasised that the power to compel attendance for examination is a significant one, and its exercise must be demonstrably linked to the purposes of an ACC investigation.

The High Court allowed the appeal and ordered that the notice issued by the ACC to X7 under section 29 of the *Australian Crime Commission Act 2002* (Cth) be set aside.