CC Pty Ltd v Australian Crime Commission [2007] FCAFC 96

FEDERAL COURT OF AUSTRALIA

CC Pty Ltd v Australian Crime Commission [2007] FCAFC 96 ADMINISTRATIVE LAW – challenge to validity of search warrants – challenge depended on whether Board of Australian Crime Commission had authorised special investigation "in writing" and determined "in writing" that it was a special investigation, as required by s 7C of the Australian Crime Commission Act 2002 (Cth) – Board resolved in terms of a pre-prepared draft "Instrument" provided to Board – that document, not signed by or on behalf of Board, nonetheless purported to be a present authorisation and determination. Held: the authorisation and determination was "in writing". WORDS AND PHRASES –"in writing" Australian Crime Commission Act 2002 (Cth) s 7C B (A solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 distinguished CC PTY LTD, A PTY LTD/315/05, B PTY LTD/315/05, A315/05, B315/05, C315/05 D 315/05 v AUSTRALIAN CRIME COMMISSION AND THE BOARD OF THE AUSTRALIAN CRIME COMMISSION SAD 26 OF 2007

BRANSON, LINDGREN AND BESANKO JJ

26 june 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA south australian DISTRICT REGISTRY SAD 26 OF 2007

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CC PTY LTD

First Appellant

A PTY LTD/315/05

Second Appellant

B PTY LTD/315/05

Third Appellant

A315/05

Fourth Appellant

B315/05

Fifth Appellant

C315/05

Sixth Appellant

D315/05

Seventh Appellant

AND: AUSTRALIAN CRIME COMMISSION

First Respondent

THE BOARD OF THE AUSTRALIAN CRIME COMMISSION

Second Respondent JUDGES: BRANSON, LINDGREN AND BESANKO JJ DATE OF ORDER: 26 JUNE 2007