Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GG v Australian Crime Commission [2010] FCAFC 15 Citation: GG v Australian Crime Commission [2010] FCAFC 15
Appeal from: GG v Australian Crime Commission [2009] FCA 759
Parties: GG v AUSTRALIAN CRIME COMMISSION and JEFFREY PHILIP ANDERSON
File number: SAD 117 of 2009
Judges: DOWNES, JESSUP & TRACEY JJ
Date of judgment: 26 February 2010
Catchwords: ADMINISTRATIVE LAW – Review of a decision of the Australian Crime Commission – Decision made under s 28 of the Australian Crime Commission Act 2002 (Cth) to issue a summons to the appellant – Whether the examiner made a jurisdictional error in failing to differentiate between a special operation and a special investigation – Where the examiner's record of decision contains an error of law on the face of the record - Where no evidence or explanation given for the examiner's apparent error – Where examiner fundamentally misunderstood the statutory basis for his authority to issue the summons – Appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 20 Australian Crime Commission Act 2002 (Cth) ss 7A, 7A(b), 7B, 7B(3), 7C, 7C(1)(c), 7D, 7E, 28, 28(1), 28(1A), 28(3), 28(4), 28(7), 29, 29(1), 29(1A), 29(2), 46B Australian Federal Police Act 1979 (Cth) ss 17, 19(1) Judiciary Act 1903 (Cth) ss 39B, 39B(1A)(c)
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