Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177

FEDERAL COURT OF AUSTRALIA

Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177 Appeal from: Caratti v Commissioner of the Australian Federal Police (No 2) [2016] FCA 1132 Caratti v Commissioner of the Australian Federal Police (No 3) [2016] FCA 1407

File number: NSD 2087 of 2016

Judges: LOGAN, RANGIAH AND BROMWICH JJ

Date of judgment: 10 November 2017

Catchwords: ADMINISTRATIVE LAW – appeal from orders substantively dismissing application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1997 (Cth) and s 39B of the Judiciary Act 1903 (Cth) in relation to the decision to issue search warrants under s 3E of the Crimes Act 1914 (Cth) CRIMINAL LAW – practice and procedure – search warrants – whether the description of offences in the warrants sufficient to adequately define the area of search and seizure – whether information on oath before the issuing officer was sufficient to support the issue of search warrants under s 3E of the Crimes Act 1914 (Cth) – where the appellant claimed the offence descriptions in the search warrants gave rise to impermissible ambiguity – whether parts of the warrants, if invalid, can and should be severed – whether warrants lawfully executed – where electronic equipment found to have been unlawfully seized – whether primary judge erred in exercising discretion to permit the further use and interrogation of the information on the unlawfully seized equipment

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Crimes Act 1914 (Cth), ss 3C, 3E, 3F, 3L, 29D Criminal Code (Cth) (being the Schedule to the Criminal Code Act 1995 (Cth)), ss 134.2(1), 135.1(3) Income Tax Assessment Act 1936 (Cth), s 161 Judiciary Act 1903 (Cth), s 39B Proceeds of Crime Act 2002 (Cth)