Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Day v Lynn [2004] FCAFC 69
POST & TELECOMMUNICATIONS – telephonic interceptions and other surveillance material communicated by Australian Federal Police to Australian Customs Service for use in disciplinary proceedings against appellant – whether giving of intercept material as evidence in disciplinary proceedings permitted by Telecommunications (Interception) Act 1979 (Cth) – giving of evidence permitted – no error of law established WORDS & PHRASES – 'lawfully obtained information' Telecommunications (Interception) Act 1979 (Cth) s 5, 5B, 6E, 6L, 63, 7(1), 63, 67, 68, 73, 74, 77, 79, 105 Public Service Act 1922 (Cth) s 56, 61, 62, 63D Merit Protection (Australian Government Employees) Act 1984 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1), 16(1) Telecommunications (Interception) Amendment Bill 1987 (Cth) Anthony Hordern & Sons Ltd v Amalgamated Clothing & Allied Trades Union of Australia (1932) 47 CLR 1 cited Day v Commissioner of Australian Federal Police (2000) 96 IR 240; [2000] FCA 398 referred to Day v Commissioner of Australian Federal Police (2000) 101 FCR 66 referred to Day v Lynn [2003] FCA 879 affirmed SHANE ANTHONY DAY v JOHN LYNN, JOHN KERIN, BRIAN FORBES AND THE COMMONWEALTH OF AUSTRALIA N 1407 OF 2003 NORTH, HELY & LANDER JJ 29 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1407 OF 2003
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SHANE ANTHONY DAY
APPELLANT
AND: JOHN LYNN, JOHN KERIN AND BRIAN FORBES
FIRST RESPONDENTS
COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT
JUDGES: NORTH, HELY & LANDER JJ
DATE OF ORDER: 29 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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