Egglishaw v Australian Crime Commission [2010] FCAFC 82

FEDERAL COURT OF AUSTRALIA

Egglishaw v Australian Crime Commission [2010] FCAFC 82 Citation: Egglishaw v Australian Crime Commission [2010] FCAFC 82

Appeal from: Egglishaw v Australian Crime Commission (No 3) [2009] FCA 1027

Parties: PHILIP JEPSON EGGLISHAW v THE AUSTRALIAN CRIME COMMISSION

File number: SAD 154 of 2009

Judges: SPENDER, EMMETT AND JACOBSON JJ

Date of judgment: 8 July 2010

Catchwords: ADMINISTRATIVE LAW – challenge to summons issued under s 28(1) of the Australian Crime Commission Act 2002 (Cth) and subsequent examination – whether the summons was invalid because it stated that appellant was to appear before "an" examiner and not "the" examiner – whether failure to attach to the summons a variation to the determination of the ACC Board meant that the requirements of s 28(2) were not met. Held: appeal dismissed – the use of "an examiner" does not invalidate the summons – the determination attached to the summons met the requirements of s 28(2). ADMINISTRATIVE LAW – challenge to a notice to produce issued under s 29 of the Australian Crime Commission Act 2002 (Cth) and production of things pursuant to the notice – whether the notice was invalid because it failed to specify person to whom production was to be made – whether production was unlawful because they were not produced to the relevant person – meaning of "produce" – whether the notice was invalid because it called for production of things "forthwith". Held: appeal dismissed – the notice, read as a whole, makes clear that the things were to be produced to the Examiner – the word "produce" in s 29(1) does not require the receiver to take actual physical possession – "forthwith" was not an unreasonable time to require production.